UNIVERSITY  OF  ILLINOIS 
LIBRARY 


Class  Book 


Volume 


REVISED 


ORDINANCES 


CITY 

OF  THE 

OF  MENDOTA. 

REVISED  BY 

JOHN  A.  LAMBERTON, 

City  Attorney. 

/ 

PUBLISHED  BY  AUTHORITY  OF  THE 

CITY  COUNCIL. 

1894. 


THE  MENDOTA  REPORTER  PRINT. 


V '/  73- 


CITY  OF  MENDOTA,  ILL. 


Incorporated  April  10th,  1883,  under  an  Act  En¬ 
titled  “An  Act  to  provide  for  the  Incorporation  of 
Cities  and  Villages.” 

Approved  April  10th,  1872;  in  force  July  1st,  1872. 


-J- 


t 


216186 


CITY  OFFICERS. 


CATALOGUE  OF  MAYORS,  OFFICERS  AND  ALDERMEN  OF  THE  CITY 

OF  MENDOTA  FROM  1883  TO  1894. 


1883  Mayor — Simeon  Lee.  Aldermen — 1st  Ward, 
Jnc.  Hartan,  R.  D.  Dobbie;  2nd,  D.  L.  Harris,  M. 
Wilson;  3rd,  Philo  Castle,  Patrick  Dunn;  4th, 
Gabriel  Pohl,  Jno.  Cummings.  Clerk — G.  A. 
Kellenberger.  Attorney — L.  S.  Seaman.  Mar¬ 
shal — R.  G.  Mclntire.  Treasurer — Geo.  H.  Mad¬ 
den.  Supt.  of  Streets — J.  L.  Nisley.  Printer — 

R.  H.  Ruggles.  Police  Magistrate — J.  A.  Lam- 
berton.  Night  Police — P.  J.  Hart.  Fire  Marshal 

S.  G.  Dudgeon. 

1884  Mayor — Simeon  Lee.  Aldermen — 1st  Ward, 
R.  D.  Dobbie,  John  Hartan;  2nd,  M.  Wilson,  D. 

L.  Harris;  3rd,  P.  Dunn,  Philo  Castle;  4th,  Jno. 
Cummings,  G.  Pohl.  Clerk — G.  A.  Kellenberger. 
Attorney — L.  S.  Seaman.  Marshal — R.  G.  Mc¬ 
lntire.  Treasurer — Geo.  H.  Madden.  Supt.  of 
Streets — J.  L.  Nisley.  Printer — O.  Kieselbach. 
Police  Magistrate — J.  A.  Lamberton.  Night 
Police — P.  J.  Hart.  Fire  Marshal — Jno.  Schuetz. 

1885  Mayor — L.  S.  Seaman.  Aldemnen — 1st  Ward, 
Henry  Schmidt,  R.  D.  Dobbie,*  L.  Carnahan;  2d, 

M.  Wilson,  A.  C.  Henry;  3d,  P.  Dunn,  P.  Castle; 
4th,  John  Cummings,  R,  K.  Wormley.  Clerk — 
Geo.  Holland.  Attorney — R,  S.  Browne.  Mar¬ 
shal — R.  G.  Mclntire.  Treasurer — John  Goedt- 
ner.  Supt.  of  Streets — J.  R.  Caswell.  Printer — 

*Kositfned. 


6 


REVISED  ORDINANCES. 


R.  H.  Ruggdes.  Police  Magistrate  —  J .  Lamber- 
ton.  Night  Police — T.  B.  Bailey.  Fire  Marshal 
— J.  D.  Tower. 

1886  Mayor — L.  S.  Seaman.  Aldermen — 1st  Ward, 
Jas.  Clarkson,  Henry  Schmidt;  2d,  A.  C.  Henry, 
D.  L.  Harris;  3d,  P.  Dunn,  P.  Castle;  4th,  John 
Cummings,  B.  K.  Wormley.  Clerk  —  Geo.  Hol¬ 
land.  Attorney — B.  S.  Browne,*  S.  W.  Bartlett. 
Marshal — R.  G.  Mclntire.  Treasurer — John 
Goedtner.  Supt.  of  Streets — J.  R.  Caswell. 
Printer — O.  Kieselbach.  Police  Magistrate — J. 
A.Lamberton.  Surveyor — R. Curtis.  Night  Police 
— Wm.  Walter.  Fire  Marshal — J.  D.  Tower. 

1887  Mayor  —  J.  A.  LamberTON.  Aldermen — 1st 
Ward,  Jno.  Schmitz,  Jas.  Clarkson  ;  2d,  F.  R. 
Cavell,  D.  L.  Harris;  3d,  Philo  Castle,  P.  Dunn; 
4th,  R.  K.  Wormley,  Jno.  Cummings.  Clerk  — 
Geo.  Holland.  Attorney  — S.  W.  Bartlett.  Mar¬ 
shal — R.  G.  Mclntire.  Treasurer — George  H. 
Madden.  Supt.  of  Streets — J.  R.  Caswell,*  John 
McXeon.  Printer — R.  H.  Ruggles.  Police  Magistrate 
— W.  F.  Whitmore.  Night  Police — L.  R.  Behel. 
Fire  Mashed — J.  D.  Tower. 

1888  Mayer—  J.  A.  LamberTON.  Aldermen — 1st 

Ward,  Louis  Waldorf,  John  Schmitz  ;  2d,  F.  R. 
Cavell,  D.  L.  Harris;  34,  J.  W.  Rd wards,  Philo 
Castle  ;  4th,  G.  Pohl,  R.  K.  Wormley.  Clerk — 
Geo.  Holland.  Attorney — S.  W.  Bartlett.  Mar¬ 
shal — R.  G.  Mclntire.  Treasurer — Geo.  H.  Mad¬ 
den.  Supt.  of  Streets — Henry  Schmidt.  Printer — 

Otto  Kieselbach.  Police  Magistrate — W.  F.  Whit¬ 
more.  Night,  Police — L.  R.  Behel.  Fire  Marshal — 
J.  D.  Tower. 

^Resigned . 


REVISED  ORDINANCES. 


1 


1889  Mayor — Matthew  Wilson.  Aldermen — 1st 

Ward,  John  Schmitz,  Louis  Waldorf;  2d,  Shannon 
Burke,  D.  L.  Harris;  3d,  N.  J.  Riegel,  J.  W. 
Edwards;  4th,  C.  L.  Rogers,  G.  Pohl.  Clerk  — 
Geo.  Holland.  Attorney  S.  W.  Bartlett.  Mar¬ 
shal — E.  G.  Mclntire.  Treasurer — John  Goedt- 
ner.  Supt.  of  Streets — Henry  Schmidt.  Printer 

— Mark  Ruggles.  Surveyor — W.  E.  Whitmore. 
Police  Magistrate — W.  F.  Whitmore.  Night 
Police — James  McEvoy.  Fire  Mashal — J.  D. 
Tower. 

1890  Mayor — Matthew  Wilson.  Aldermen — 1st 

Ward,  John  Schmitz,  Louis  Waldorf;  2d,  V.  H. 
Hackett,  Shannon  Burke;  3d,  P.  Dunn,  N.  J. 
Riegel;  4th,  E.  K.  Wormley,  C.  L.  Rogers. 
Clerk — Geo.  Holland.  Attorney — S.  W. Bartlett. 
Marshal — E.  G.  Mclntire.  Treasiirer  —  John 
Goedtner.  Supt.  of  Streets — J.L.Nisley.  Printer 
— Otto  Kieselbach.  Surveyor — W.  F.  Whitmore. 
Police  Magistrate — W.  F.  Whitmore.  Night 
Police — James  McEvoy.  Fire  Marshal — J.  D. 
Tower. 

1891  Mayor — S.  G.  Dudgeon.  Aldermen — 1st  Ward, 

Louis  Waldorf,  John  Schmitz;  2nd,  C.  Henning, 
P.  Bennett;  3rd,  Wm.  Young,  P.  Dunn;  4th,  C. 
L.  Rogers,  E.  K.  Wormley.  Clerk — Geo.  Hol¬ 
land.  Attorney — S.  W.  Bartlett.  Marshal — E. 
G.  Mclntire.  Treasurer — Geo.  H.  Madden.  Supt . 
of  Streets — J.  L.  Nisley.  Printer — Mark  Rug- 

gles.  Surveyor — W.  F.  Whitmore.  Night  Police 
— J.  Stellwagon,*  Chas.  Westgate.  Fire  Mar¬ 
shal — J.  D.  Tower. 

1892  Mayor — S.  G.  Dudgeon.  Aldermen — 1st  Ward, 
Louis  Waldorf,  Jno.  Schmitz;  2nd,  P.  Bennett, 

*  Deceased. 


3 


REVISED  ORDINANCES. 


C.  Henning;  3rd,  P.  Dunn,  Wm.  Young;  4th, 
F.  Vincent,  C.  L.  Rogers;  Clerk — Geo.  Holland. 
Attorney — S.  W.  Bartlett.  Marshal — E.  G.  Mc- 
Intire.  Treasurer — Geo.  H.  Madden.  Supt.  of 
Streets — J.  L.  Nisley.  Printer — O.  Kieselbach. 
Surveyor — W.  F.  Whitmore.  Nig'ht  Police — 
Chas.  Westgate.  Fire  Marshal — J.  D.  Tower. 

1893  Mayor — Chas.  L.  Rogers.  Aldermen — 1st 
Ward,  Jno.  Schmitz,  Louis  Waldorf;  2d,  H.  J. 
Cooper,  P.  Bennett  ;  3d,  Stephen  Madden,  P. 
Dunn  ;  4th,  G.  D.  Tower,  F.  Vincent.  Clerk  — 
Geo.  Holland.  Attorney — J.  A.  Lamberton. 
Treasurer — John  Goedtner.  Supt.  of  Streets — J.  L. 
Nisley.  Marshal — E.  G.  Mclntire.  Printer— Mark 
Ruggles.  Surveyor — W.  F.  Whitmore.  Night  Police 
— Jno.  Holland.  Fire  Marshal — N.  J.  Riegel. 

1894  Mayor — Charges  L.  Rogers.  Aldermen — 1st 

Ward;  Louis  Waldorf,  Jno.  Schmitz  ;  2d,  Austin 
Smith,  H.  J.  Cooper ;  3d,  P.  Dunn,  Stephen  Mad¬ 
den  ;  4th,  A.  A.  Swearingen,  George  D.  Tower. 
Clerk — Geo.  Holland.  Attorney  —  J.  A.  Lamber¬ 
ton.  Marshal  —  John  Holland.  Treasurer — John 
Goedtner.  Supt.  of  Streets — J.  L.  Nisley.  Printer 
— Otto  Kieselbach.  Surveyor — W.  F.  Whitmore. 
Night  Police — F.  L.  Smith,  W.  B.  Nolan.  Fire 
Marshal— N.  J.  Riegel. 


DIVISION  FIRST. 


STATUTES  RELATING 

TO  THE 

FORMER  CHARTER 

OF  THE 


CITY  OF  MENDOTA. 


10 


REVISED  ORDINANCES. 


PROVISIONS 


OF  THE 

LEGISLATURE  RELATING  TO  THE  CITY 

OF  MENDOTA,  ILL. 


ARTICLE  I 

ON  BOUNDARIES,  GENERAL  POWERS  AND  FORMATION 

OF  WARDS. 

Sec.  1.  Boundaries. 

“  2.  Name. 

“  3.  Wards. 

“  4.  City  officers. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly . 

Section  1.  That  all  of  the  following*  described 
tracts  of  land,  situated  in  the  county  of  La  Salle,  and 
State  of  Illinois,  to  wit :  The  south  half  of  section 
twenty-eight,  the  east  half  of  section  thirty-two,  and 
all  of  section  thirty-three,  in  township  thirty-six  north, 
of  range  one  east  of  the  third  principal  meridian,  to¬ 
gether  with  that  portion  of  the  north-east  quarter  of 
section  four,  in  township  thirty-five  north,  of  range 
one  east  of  the  third  principal  meridian,  known  as 
Teed’s  addition  to  the  town  of  Mendota,  is  hereby  in¬ 
corporated  and  created  into  a  city,  by  the  name  of  the 
‘‘City  of  Mendota,”  and  all  such  tracts  of  land  ad¬ 
joining  any  of  the  above  described  tracts  which  may 


REVISED  ORDINANCES. 


11 


be  hereafter  laid  out  into  town  lots,  platted  and  re¬ 
corded,  shall,  as  soon  as  the  same  may  be  recorded, 
become  a  part  of  the  city  hereby  incorporated. 

Sec.  2.  The  inhabitants  of  said  city  shall  be  a 
corporation  by  the  name  of  “The  City  of  Mendota,” 
and  by  that  name  shall  have  perpetual  succession,  sue 
and  be  sued,  and  complain  and  defend  in  any  court  ; 
may  make  and  use  a  common  seal,  and  alter  and  change 
it  at  pleasure  ;  may  take,  hold  and  purchase  such  real, 
personal  or  mixed  estate  as  the  purposes  of  the  corpo¬ 
ration  may  require,  within  or  without  the  limits  of  the 
city,  and  may  sell,  lease  or  dispose  of  the  same  for  the 
benefit  of  the  city. 

Sec.  3.  The  President  and  Board  of  Trustees  of 
the  present  town  of  Mendota,  shall,  on  the  second  Mon¬ 
day  of  March  next,  divide  the  said  city  of  Mendota  into 
four  wards,  as  nearly  equal  in  population  as  practic¬ 
able,  particularly  describing-  the  boundaries  of  each 
ward. 

The  city  of  Mendota  shall  be  divided  into  four 
wards,  the  boundaries  of  which  shall  be  fixed  by  the 
City  Council,  and  shall  be,  by  the  City  Council, 
changed  from  time  as  they  shall  see  fit,  having  regard 
to  the  number  of  her  white  male  inhabitants,  so  that 
each  ward  shall  contain,  as  near  as  may  be,  the  same 
number  of  white  male  inhabitants.  The  City  Council 
may  create  additional  wards,  as  occasion  may  require, 
and  fix  the  boundaries  thereof. 

Approved  Feb.  22,  1867. 


12 


REVISED  ORDINANCES. 


An  Act  to  amend  the  Charter  of  the  City  of  Mendota. 

ADDITION  TO  THE  CITY. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in  the 

General  Assembly. 

Section  1.  That  in  addition  to  all  the  territory 
now  contained  within  the  limits  of  the  city  of  Mendota 
there  shall  be  added  to  said  city,  and  embraced  within 
its  limits  and  subject  to  its  ordinances  and  jurisdic¬ 
tion,  all  the  additional  territory  embraced  within  the 
following  boundary,  viz  :  the  west  half  of  section  thir¬ 
ty-four,  township  thirty-six,  north  range  one  and  the 
north  forty  acres  of  the  northeast  quarter,  and  the 
north  forty  acres  of  the  northwest  quarter  of  section 
four  in  township  thirty-five  north,  range  one  east, 
third  principal  meridian,  all  in  the  county  of  La  Salle. 

Approved  April  15,  1869. 


* 


■ 

. 

, 

N 


" 

& ;  U  ■ .... 


DIVISION  SECOND. 


RULES 

AND 

ORDER  OF  BUSINESS 

OF  THE 

CITY  COUNCIL. 


REVISED  ORDINANCES. 


15 


RULES  AND  ORDER  OF  BUSINESS 


OF  THE 

City  Council  of  the  City  of  Mendota,  Ill. 


RueE  I.  The  Rules  of  Procedure  and  Order  of 
Business  shall  be  adhered  to  invariably  by  the  Cit}7 
Council,  unless  the  same  shall  be  temporarily  sus¬ 
pended  by  unanimous  consent. 

Rule  II.  At  the  hour  appointed  for  the  meeting’ 
the  City  Clerk  (or  some  one  appointed  to  supply  his 
place)  shall  proceed  to  call  the  roll  of  members,  mark¬ 
ing’  the  absentees,  and  announce  whether  a  quorum  be 
present.  Upon  the  appearance  of  a  quorum  the  Coun¬ 
cil  shall  be  called  to  order,  the  Mayor  taking- the  chair, 
if  present,  and  the  Council  appointing-  a  temporary 
chairman  if  he  is  absent. 

The  Council  shall  then  proceed  to  the  business 
before  them,  which  shall  be  conducted  in  the  following- 
order  : 

1st.  The  reading-  of  the  minutes  of  the  proceed¬ 
ings  of  the  last  meeting,  amendment  and  approval  of 
the  same. 

2nd.  The  presentation  of  petitions  and  the  re¬ 
ports  of  officers. 

3rd.  The  reports  of  standing  committees. 

4th.  Communications  to  the  City  Council,  which 
may  also  be  considered  at  any  time. 

5th.  Unfinished  business  of  preceding  meetings. 

6th.  Motions,  resolutions  and  notices. 


16 


REVISED  ORDINANCES. 


RueE  III.  All  questions  relating*  to  the  priority 
of  business  shall  be  decided  without  debate. 

Rule  IV.  The  Mayor  shall  preserve  order  and 
decorum,  and  shall  decide  all  questions  of  order  sub¬ 
ject  to  an  appeal  to  the  City  Council. 

RueE  V.  While  the  Mayor  is  putting*  the  ques¬ 
tion,  no  member  shall  walk  across  or  out  of  the  coun¬ 
cil  room. 

RueE  VI.  When  the  City  Council  adjourns,  the 
members  shall  keep  their  seats  until  the  Mayor  shall 
have  left  the  chair. 

RueE  VII.  Every  member,  previous  to  his  speak¬ 
ing*,  shall  rise  from  his  seat  and  address  himself  to  the 
Mayor,  and  say:  “Mr.  President,”  but  shall  not  pro¬ 
ceed  with  his  remarks  until  recognized  and  named  by 
the  Chair.  r 

RueE  VIII.  When  two  or  more  members  rise  at 
once,  the  Mayor  shall  name  the  member  who  shall 
speak  first. 

RueE  IX.  No  members  shall  speak  more  than 
twice  to  the  same  general  question,  nor  more  than  once 
to  a  “previous  question,”  without  leave  of  the  City 
Council;  nor  more  than  once,  in  any  case,  until  every 
member  choosing  to  speak,  shall  have  spoken. 

RueE.  X.  While  a  member  is  speaking,  no  mem¬ 
ber  shall  entertain  any  private  discourse  or  pass 
between  him  and  the  Chair. 

i 

RueE  XI.  A  member  called  to  order  shall  imme¬ 
diately  sit  down,  unless  permitted  to  explain.  If  there 
be  no  appeal,  the  decision  of  the  Chair  shall  be  con¬ 
clusive;  but  if  the  members  appeal  to  the  City  Council 
from  the  decision  of  the  Chair,  the  City  Council  shall 
decide  on  the  case  without  debate. 

RueE  XII.  Every  member  who  shall  be  present 


REVISED  ORDINANCES. 


17 


when  a  question  is  stated  from  the  Chair,  shall  vote 
thereon,  unless  excused  by  the  City  Council,  or  unless 
he  be  directly  interested  in  the  question,  in  which  case 
he  shall  not  vote. 

Rule.  XIII.  No  question  shall  be  debated  or 
put,  unless  it  be  seconded,  and  when  a  motion  is 
seconded,  it  shall  be  stated  by  the  Mayor  before  debate, 
and  every  such  motion  shall  be  reduced  to  writing*,  if 
required  by  a  member. 

Rule  XIV.  After  a  motion  or  resolution  is  stated 
by  the  Mayor,  it  shall  be  deemed  to  be  in  possession  of 
the  City  Council,  but  may  be  withdrawn  at  any  time 
before  a  decision  or  amendment. 

Rule  XV.  If  the  question  in  debate  contains 
several  distinct  propositions,  any  member  may  have 
the  same  divided. 

Rule  XVI.  When  a  blank  is  to  be  filled  and 
different  sums  or  times  proposed,  the  question  shall 
first  be  put  upon  the  largest  sum  and  longest  time. 

Rule  XVII.  When  a  question  is  under  debate, 
no  motion  shall  be  received,  unless  for  the  “previous 
question,”  to  postpone  indefinitely,  to  adjourn  it  to  a 
certain  day,  to  lay  it  on  the  table,  to  amend  it,  or  to 
adjourn  the  City  Council. 

Rule  XVIII.  A  motion  for  the  previous  ques¬ 
tion,  to  lay  the  question  on  the  table,  or  to  commit  it 
until  it  is  decided,  shall  preclude  all  amendment  and 
debate  of  the  main  question;  and  a  motion  to  postpone 
a  question  indefinitely  or  to  adjourn  it  to  a  certain  day, 
shall,  until  it  is  decided,  preclude  all  amendments  to 
the  main  question. 

-A- 

Rule  XIX.  The  previous  question  shall  be  as 
follows:  “Shall  the  main  question  be  now  put?” 

Rule  XX.  A  motion  to  adjourn  the  City  Coun- 


18 


REVISED  ORDINANCES. 


cil  shall  always  be  in  order  and  shall  be  decided  with¬ 
out  debate. 

Rude  XXI.  In  all  cases  when  a  resolution  or  mo¬ 
tion  shall  be  entered  on  the  minutes  of  the  City  Coun¬ 
cil,  the  name  of  the  member  moving*  the  same  shall  be 
taken  and  entered  on  the  minutes. 

Rule  XXII.  If  any  member  require  it,  the  ayes 
and  noes  upon  any  question  shall  be  taken  and  entered 
upon  the  minutes. 

Rule  XXIII.  All  committees  shall  be  appointed 
by  the  Mayor,  unless  otherwise  specially  directed  by 
City  Council,  in  which  case  they  shall  be  appointed 
by  ballot. 

Rule  XXIV.  Standing*  and  select  committees  to 
whom  references  are  made,  shall  in  all  cases  report  in 
writing  the  state  of  facts  and  their  opinion  thereon. 

Rule  XXV.  All  reports  of  committees  shall  be 
addressed  to  the  “Mayor  and  Aldermen  of  the  city  of 
Mendota  in  City  Council  assembled.’’ 

Rule  XXVI.  When  a  member  wishes  to  present 
a  communication,  petition  or  report,  he  shall  rise  in  his 
place  and  address  the  chairman  in  the  usual  form,  and 
having  briefly  stated  the  subject  of  such  communication 
or  report,  ask  leave  to  present  the  same. 

Rule  XXVII.  The  standing  committees  of  the 
City  Council  shall  consist  of  three  members  each,  un¬ 
less  otherwise  ordered. 

Rule  XXVIII,  The  standing  committees  shall 
be  appointed  by  the  Mayor  annually  on  entering  upon 
the  duties  of  his  office,  and  the  person  first  named  on 
the  committee  shall  be  the  chairman  thereof.  The 
following  shall  be  the  standing  committees,  to-wit: 
On  Streets  and  Alleys;  on  Judiciary;  on  Finance;  on 


REVISED  ORDINANCES. 


19 


Health;  on  Water  Works;  on  Gas  and  Light;  on 
Licenses. 

Rule  XXIX.  The  election  of  any  member  of  the 
City  Council  to  the  chair  during  the  temporary  absence 
of  the  Mayor,  shall  not  deprive  such  member  of  his 
vote  as  Alderman  of  the  ward  he  represents;  and  no 
vote  shall  be  deemed  carried  unless  by  a  majority  of 
all  the  Aldermen  present. 

Rude  XXX.  Regular  meetings  of  the  Council 
shall  be  held  on  the  1st  Monday  evening  of  each  month. 
Notice  of  special  meetings  shall  be  served  by  the  City 
Marshal  on  each  Alderman  personally,  or  by  leaving 
the  same  at  his  usual  place  of  business  or  abode.  The 
City  Marshal  shall  have  charge  of  the  council  room 
and  give  his  attendance  on  the  council, 

Ruee  XXXI.  These  rules  shall  be  read  by  the 
City  Clerk  before  the  City  Council  upon  each  and 
every  time  that  the  oath  of  office  shall  be  administered 
to  an  Alderman  entitled  to  a  seat  in  the  Council. 


DIVISION  THIRD. 


POWERS 


OF  THE 


CITY  COUNCIL. 


REVISED  ORDINANCES. 


21 


POWERS  OF  THE  CITY  COUNCIL. 


An  Act  to  amend  Section  1  of  Article  5  of  “An  act  to  provide  for 
the  Incorporation  of  Cities  and  Villages.”  Approved  April  10, 
1872,  and  in  force  July  1,  1872,  as  amended.  Approved  and  in 
force  March  30,  1887. 


POWERS  OE  THE  CITY  COUNCIL. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois  represented  in  the 
General  Assembly. 

Section  i.  The  city  council  in  cities,  and  pres¬ 
ident  and  board  of  trustees  in  villages,  shall  have  the 
following  powers: 

1.  To  control  the  finances  and  property  of  the 
corporation. 

2.  To  appropriate  money  for  corporate  purposes 
only,  and  provide  for  payment  of  debts  and  expenses  of 
the  corporation. 

3.  To  levy  and  collect  taxes  for  general  and 
special  purposes  on  real  and  personal  property. 

4.  To  fix  the  amount,  terms  and  manner  of  issu¬ 
ing  and  revoking  licenses. 

5.  To  borrow  money  on  the  credit  of  the  corpora¬ 
tion  for  corporate  purposes,  and  issue  bonds  therefor, 
in  such  amounts  and  form,  and  on  such  conditions  as  it 


22 


REVISED  ORDINANCES. 


shall  prescribe,  but  shall  not  become  indebted  in  any 
manner  or  for  any  purpose  to  an  amount,  including 
existing  indebtedness,  in  the  aggregate  to  exceed  live 
(5)  per  centum  on  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  last  assessment  for 
State  and  county  taxes  previous  to  the  incurring  of 
such  indebtedness;  aud  before  or  at  the  time  of  incur¬ 
ring  any  indebtedness,  shall  provide  for  the  collection 
of  a  direct  annual  tax,  sufficient  to  pay  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  thereof  within  twenty  years  after  con¬ 
tracting  the  same. 

6.  To  issue  bonds  in  place  of,  or  to  supply  means 
to  meet  maturing  bonds,  or  for  the  consolidation  or 
funding  of  the  same. 

7.  To  lay  out,  establish,  open,  alter,  widen, 
extend,  grade,  pave,  or  otherwise  improve  streets, 
alleys,  avenues,  sidewalks,  wharves,  parks,  and  public 

*  grounds,  and  vacate  the  same. 

8.  To  plant  trees  upon  the  same. 

9.  To  regulate  the  use  of  the  same. 

10.  To  prevent  and  remove  encroachments  or  ob¬ 
structions  upon  the  same. 

11.  To  provide  for  the  lighting  of  the  same. 

12.  To  provide  for  the  cleansing  of  the  same. 

13.  To  regulate  the  openings  therein  for  the  lay¬ 
ing  of  gas  or  water  mains  and  pipes,  and  the  building 
and  repairing  of  sewers,  tunnels,  and  drains,  and 
erecting  gas-lights:  Provided ,  hozvever,  that  any 
company  heretofore  organized  under  the  general  laws 
of  this  State,  or  any  association  of  persons  organized, 
or  which  may  be  hereafter  organized,  for  the  pur¬ 
pose  of  manufacturing  illuminating  gas  to  supply 
cities  or  villages,  or  the  inhabitants  thereof,  with 


REVISED  ORDINANCES. 


23 


the  same,  shall  have  the  right,  by  consent  of  the 
common  council  (subject  to  existing"  rights,)  to 
erect  gas  factories  and  lay  down  pipes  in  the 
streets  or  alleys  of  any  city  or  village  in  this  State, 
subject  to  such  regulations  as  any  such  city  or  village 
may  by  ordinance  impose 

14.  To  regulate  the  use  of  sidewalks  and  all 
structures  thereunder,  and  to  require  the  owner  or 
occupant  of  any  premises  to  keep  the  sidewalks  in  front 
of  or  along  the  same  free  from  snow  and  other  obstruct¬ 
ions. 

15.  To  regulate  and  prevent  the  throwing  or  de¬ 
positing  of  ashes,  offal,  dirt,  garbage,  or  any  offensive 
matter  in,  and  to  prevent  injury  to,  any  street,  avenue, 

•  alley,  or  public  ground. 

16.  To  provide  for  and  regulate  cross  walks, 
curbs,  and  gutters. 

17.  To  regulate  and  prevent  the  use  of  streets, 
sidewalks  and  public  grounds  for  signs,  sign  posts, 
awnings,  awning  posts,  telegraph  poles,  horse  troughs, 
racks,  posting  handbills,  and  advertisements. 

18.  To  regulate  and  prohibit  the  exhibition  or  car¬ 
rying  of  banners,  placards,  advertisements  or  handbills 
in  the  streets  or  public  grounds,  or  upon  the  sidewalks. 

19.  To  regulate  and  prevent  the  flying  of  flags, 
banners,  or  signs  across  the  streets,  or  from  houses. 

20.  To  regulate  traffic  and  sales  upon  the  streets, 
sidewalks,  and  public  places. 

21.  To  regulate  the  speed  of  horses  and  other 
animals,  vehicles,  cars,  and  locomotives  within  the 
limits  of  the  corporation. 

22.  To  regulate  the  numbering  of  houses  and  lots. 

23.  To  name  and  change  the  name  of  any  street, 
avenue,  alley,  or  other  public  place. 


24 


REVISED  ORDINANCES. 


24.  To  permit,  regulate  or  prohibit  the  locating-, 
constructing-  or  laying-  a  track  of  any  horse  railroad  in 
any  street,  alley  or  public  place;  but  such  permission 
shall  not  be  for  a  long-er  time  than  twenty  years. 

25.  To  provide  for  and  chang-e  the  location,  grades 
and  crossing's  of  any  railroad. 

26.  To  require  railroad  companies  to  fence  their 
respective  railroad,  or  any  portion  of  the  same,  and  to 
construct  cattle  g-uards,  crossing’s  of  streets  and  public 
roads,  and  keep  the  same-in  repair,  within  the  limits  of 
the  corporation.  In  case  any  railroad  company  shall 
fail  to  comply  with  any  such  ordinance,  it  shall  be 
liable  for  all  damag-es  the  owner  of  any  cattle  or 
horses,  or  other  domestic  animal,  may  sustain, by  reason 
of  injuries  thereto  while  on  the  track  of  such  railroad, 
in  like  manner  and  extent  as  under  the  g-eneral  laws  of 
this  State,  relative  to  the  fencing-  of  railroads;  and 
actions  to  recover  such  damag-es  may  be  instituted  be¬ 
fore  any  justice  of  the  peace,  or  other  court  of  compet¬ 
ent  jurisdiction. 

27.  To  require  railroad  companies  to  keep  flag-men 
at  railroad  crossing’s  of  streets,  and  provide  protection 
ag-ainst  injury  to  persons  and  property  in  the  use  of 
such  railroads.  To  compel  such  railroads  to  raise  or 
lower  their  railroad  tracks  to  conform  to  any  grade 
which  may,  at  any  time,  be  established  by  such  city, 
and  where  such  tracks  run  leng-thwise  of  any  such 
street,  alley  or  hig-hway,  to  keep  their  railroad  tracks 
on  a  level  with  the  street  surface,  and  so  that  such 
tracks  may  be  crossed  at  any  place  on  such  street,  alley, 
or  highway.  To  compel  and  require  railroad  companies 
to  make  and  keep  open  and  to  keep  in  repair,  ditches, 
drains,  sewers,  and  culverts  along-  these  railroad  tracks 
so  that  filthy  or  stagnant  pools  of  water  cannot 


25 


REVISED  ORDINANCES. 


stand  on  their  grounds  or  right  of  way,  and  so  that 
natural  drainage  of  adjacent  property  shall  not  be 
impeded. 

28.  To  construct  and  keep  in  repair  bridges, 
viaducts,  and  tunnels,  and  to  regulate  the  price  thereof. 

29.  To  construct  and  keep  in  repair  culverts, 
drains,  sewers,  and  cesspools,  and  to  regulate  the  use 
thereof. 

30.  To  deepen,  widen,  dock,  cover,  wail,  alter,  or 
change  the  channel  of  watercourses. 

31.  To  construct  and  keep  in  repair  canals  and 
slips  for  the  accommodation  of  commerce. 

32.  To  erect  and  keep  in  repair  public  landing- 
places,  wharves,  docks,  and  levees. 

33.  To  reg'ulate  and  control  the  use  of  public 
and  private  landing-  places,  wharves,  docks,  and  levees. 

34.  To  control  and  reg'ulate  the  anchorag-e, 
moorag-e,  and  landing-  of  all  water  craft  and  their  car¬ 
goes  within  the  jurisdiction  of  the  corporation. 

35.  To  license,  regulate,  and  prohibit  wharf-boats, 
tugs,  and  other  boats  used  about  the  harbor  or  within 
such  jurisdiction. 

36.  To  fix  the  rate  of  wharfage  and  dockage. 

37.  To  collect  wharfage  and  dockage  from  all 
boats,  raft,  or  other  craft  landing  at  or  using  any  pub¬ 
lic  landing,  place,  wharf,  dock,  or  levee  within  the 
limits  of  the  corporation. 

38.  To  make  regulations  in  regard  to  the  use  of 
harbors,  towing  of  vessels,  opening  and  passing  of 
bridges. 

39.  To  appoint  harbor  masters  and  define  their 
duties. 

40.  To  provide  for  the  cleansing  and  purification 
of  waters,  water  courses,  and  canals,  and  the  cleaning 


26 


REVISED  ORDINANCES. 


or  filling-  of  ponds  on  private  property  when  necessary 
to  prevent  or  abate  nuisances. 

41.  To  license,  tax,  regulate,  and  prohibit  hawkers, 
peddlers,  pawn-brokers,  keepers  of  ordinaries,  theatri¬ 
cals,  and  other  exhibitions,  shows,  and  amusements  and 
to  revoke  such  license  at  pleasure. 

42.  To  license,  tax,  and  regulate  truckmen,  dray¬ 
men,  omnibus  drivers,  carters,  cabmen,  porters,  ex¬ 
pressmen,  and  all  others  pursuing  like  avocations  and 
to  prescribe  their  compensation. 

43.  To  license,  regulate,  tax,  and  restrain  runners 
for  stages,  cars,  public  houses,  or  other  things  or 
persons. 

44.  To  license,  regulate,  tax,  or  prohibit  and 
suppress  billiard,  bagatelle,  pigeon-hole,  or  any  other 
tables  or  implements  kept  or  used  for  a  similar  pur¬ 
pose  in  any  place  of  public  resort,  pin  alleys  and  ball 
alleys. 

45.  To  suppress  bawdy  and  disorderly  houses, 
houses  of  ill-fame  or  assignation,  within  the  limits  of 
the  city,  and  within  three  miles  of  the  outer  boundaries 
of  the  city;  and  also  to  suppress  gaming  and  gambling 
houses,  lotteries,  and  all  fraudulent  devices  and  prac¬ 
tices  for  the  purpose  of  gaming  or  obtaining  money  or 
property;  and  to  prohibit  the  sale  or  exhibition  of  ob¬ 
scene  or  immoral  publications,  prints,  pictures,  or 
illustrations. 

46.  To  license,  regulate  and  prohibit  the  selling 
or  giving  away  of  any  intoxicating  malt,  vinous,  mixed 
or  fermented  liquor;  the  license  not  to  extend  beyond 
the  municipal  year  in  which  it  shall  be  granted,  and  to 
determine  the  amount  to  be  paid  for  such  license:  Pro¬ 
vided,  that  the  city  council  of  cities,  or  president  and 
board  of  trustees  in  villages,  may  grant  permits  to 


REVISED  ORDINANCES. 


27 


druggists  for  the  sale  of  liquors  for  medicinal,  mechan¬ 
ical,  sacramental,  and  chemical  purposes  only,  subject 
to  forfeiture,  and  under  such  restrictions  and  regula¬ 
tions  as  may  be  provided  by  ordinance:  Provided  furth¬ 
er ,  that  in  granting-  licenses  such  corporate  authorities 
shall  comply  with  whatever  g-eneral  law  may  be  in 
force  relative  to  the  granting-  of  licenses. 

47.  The  foreg-oing-  shall  not  be  construed  to  affect 
the  provisions  of  the  character  of  any  literary  institu¬ 
tion  heretofore  granted. 

48.  And  the  city  council  in  cities,  and  president 
and  board  of  trustees  in  villages,  shall  also  have  the 
power  to  forbid  and  punish  the  selling-  or  g-iving-  away 
of  any  intoxicating",  malt,  vinous,  mixed,  or  fermented 
liquor  to  any  minor,  apprentice  or  servant,  or  insane, 
idiotic  or  detracted  person,  habitual  drunkard,  or  per¬ 
son  intoxicated. 

49.  To  establish  market  and  market  houses,  and 
provide  for  reg-ulation  and  use  thereof. 

50.  To  reg-ulate  the  sale  of  meats,  poultry,  fish, 
butter,  cheese,  lard,  veg-etables,  and  all  other  provis¬ 
ions,  and  to  provide  for  place  and  manner  of  selling 
the  same. 

51.  To  prevent  and  punish  forestalling-  and 
regrating. 

52.  To  regulate  the  sale  of  bread  in  the  city  or 
village  ;  prescribe  the  weight  and  quality  of  the  bread 
in  the  loaf. 

53.  To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables, 
cotton,  tobacco,  flour,  meal,  and  other  provisions. 

54.  To  regulate  the  inspection,  weighing,  and 
measuring  of  brick,  lumber,  firewood,  coal,  hay,  and 
any  article  of  merchandise. 


28 


REVISED  ORDINANCES. 


55.  To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

56.  To  enforce  the  keeping  and  use  of  proper 
weights  and  measures  by  vendors. 

57.  To  regulate  the  construction,  repairs  and  use 
of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers, 
and  gutters. 

58.  To  regulate  places  of  amusement. 

59.  To  prevent  intoxication,  fighting,  quarreling, 
dog  fights,  cock  fights,  and  all  disorderly  conduct 

60.  To  regulate  partition  fences  and  party  walls. 

61.  To  prescribe  the  thickness,  strength,  or  man¬ 
ner  of  constructing  stone,  brick,  and  other  buildings, 
and  construction  of  fire  escapes  therein. 

62.  The  city  council  and  the  president  and  trus¬ 
tees  in  villages,  for  the  purpose  of  guarding  against 
the  calamities  of  fire,  shall  have  power  to  prescribe 
the  limits  within  which  wooden  buildings  shall  not  be 
erected  or  placed  or  repaired,  without  permission,  and 
to  direct  that  all  and  any  buildings  within  the  fire 
limits,  when  the  same  shall  have  been  damaged  by  fire, 
decay  or  otherwise,  to  the  extent  of  fifty  per  cent,  of 
the  value,  shall  be  torn  down  or  removed,  and  to  pres¬ 
cribe  the  manner  of  ascertaining  such  damage. 

63.  To  prevent  the  dangerous  construction  and 
condition  of  chimneys,  fireplaces,  hearths,  stoves,  stoye 
pipes,  ovens,  boilers,  and  apparatus  used  in  and  about 
any  building  and  manufactory,  and  to  cause  the  same 
to  be  removed,  or  placed  in  a  safe  condition,  when  con¬ 
sidered  dangerous  ;  to  regulate  and  prevent  the  carry¬ 
ing  on  of  manufactories,  dangerous  in  causing  and 
promoting  fires  ;  to  prevent  the  deposit  of  ashes  in  un¬ 
safe  places,  and  to  cause  all  such  buildings  and  inclos- 


REVISED  ORDINANCES. 


29 


ures  as  may  be  in  a  dangerous  state  to  be  put  in  a  safe 
condition. 

64.  To  erect  engine  houses,,  and  provide  fire 
engines,  hose  carts,  hooks  and  ladders,  and  ocher  imple¬ 
ments  for  prevention  and  extinguishment  of  fires,  and 
provide  for  the  use  and  management  of  the  same  by 
voluntary  fire  companies  or  otherwise. 

65.  To  regulate  and  prevent  storage  of  gunpowder, 
tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp, 
cotton,  nitro-glycerine,  petroleum,  or  any  of  the  pro¬ 
ducts  thereof,  and  other  combustible  or  explosive 
material,  and  the  use  of  lights  in  stables,  shops  and 
other  places,  and  the  building  of  bonfires  ;  also  to 
regulate  and  restrain  the  use  of  fire  works,  fire 
crackers,  torpedoes,  Roman  candles,  sky  rockets,  and 
other  pyrotechnic  displays. 

66.  To  regulate  the  police  of  the  city  or  village, 
and  pass  and  enforce  all  necessary  police  ordinances. 

67.  To  provide  for  the  inspection  of  steam  boilers. 

68.  To  prescribe  the  duties  and  powers  of  a 
superintendent  of  police,  policemen,  and  watchmen. 

69.  To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction,  and  work-houses,  for  the  reforma¬ 
tion  and  confinement  of  vagrants,  idle  and  disorderly 
persons,  and  persons  convicted  of  violating  any  city  or 
village  ordinance,  and  make  rules  and  regulations  for 
the  government  of  the  same,  and  appoint  necessary 
keepers  and  assistants. 

70.  To  use  the  county  jail  for  the  confinement  or 
punishment  of  offenders,  subject  to  such  conditions  as 
are  imposed  by  law,  and.  with  the  consent  of  the  county 
board. 

71.  To  provide  by  ordinance  in  regard  to  the  rela¬ 
tion  between  all  the  officers  and  employes  of  the  corpo- 


30 


REVISED  ORDINANCES. 


ration  in  respect  to  each  other,  the  corporation,  and  the 
people. 

72.  To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  pub¬ 
lic  or  private  place. 

73.  To  prohibit  and  punish  cruelty  to  animals. 

74.  To  restrain  and  punish  vagrants,  mendicants, 
and  prostitutes. 

75.  To  declare  what  shall  be  a  nuisance,  and  to 
abate  the  same;  and  to  impose  fines  upon  parties  who 
may  create,  continue,  or  suffer  nuisances  to  exist. 

76.  To  appoint  a  board  of  health,  and  prescribe  its 
powers  and  duties. 

77.  To  erect  and  establish  hospitals  and  medical 
dispensaries,  and  control  and  regulate  the  same. 

78.  To  do  all  acts,  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health 
or  the  suppression  of  disease. 

79.  To  establish  and  regulate  cemeteries,  within 
or  without  the  corporation,  and  acquire  lands  therefor, 
by  purchase  or  otherwise,  and  cause  Cemeteries  to  be 
removed,  and  prohibit  their  establishment  within 
one  mile  of  the  corporation. 

80.  To  regulate,  restrain,  and  prohibit  the  running 
at  large  of  horses,  cattle,  swine,  sheep,  goats,  geese, 
and  dogs,  and  to  impose  a  tax  on  dogs. 

81.  To  direct  the  location  and  regulate  the  man¬ 
agement  and  construction  of  packing  houses,  renderies, 
tallow  chandleries,  bone  factories,  soap  factories,  and 
tanneries,  within  the  limits  of  the  city  or  village,  and 
within  the  distance  of  one  mile  without  the  city  or  vil¬ 
lage  limits. 

82.  To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  jstables, 


REVISED  ORDINANCES. 


31 


blacksmith  shops,  and  foundries  within  the  limits  of 
the  city  or  village. 

83.  To  prohibit  any  offensive  or  unwholesome 
business  or  establishment  within,  or  within  one  mile 
of,  the  limits  of  the  corporation. 

84.  To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandlery,  tannery,  stable,  pig-sty, 
privy,  sewer,  or  other  unwholesome  or  nauseous  house 
or  place,  to  cleanse,  abate  or  remove  the  same,  and  to 
regulate  the  location  thereof. 

85.  The  city  council,  or  trustees  of  a  village, 
shall  have  power  to  provide  for  taking  the  city  or  vil¬ 
lage  census  ;  but  no  city  or  village  census  shall  be 
taken  by  authority  of  the  council  or  trustees  oftener 
than  once  in  three  years. 

86.  To  provide  for  the  erection  and  care  of  all 
public  buildings  necessary  for  the  use  of  the  city  or 
village. 

87.  To  establish  ferries,  toll-bridges  and  license 
and  regulate  the  same,  and  from  time  to  time,  to  fix 
the  tolls  thereon. 

88.  To  authorize  the  construction  of  mills,  mill- 
races  and  feeders  on,  through  or  across  the  streets  of 
the  city  or  village,  at  such  places  and  under  such 
restrictions  as  they  shall  deem  proper. 

89.  The  city  council  shall  have  power  by  con¬ 
demnation  or  otherwise,  to  extend  any  street,  alley  or 
highway  over  or  across,  or  construct  any  sewer  under 
or  through  any  railroad  track,  right  of  way,  or  land  of 
any  railroad  company  (within  the  corporate  limits)  but 
when  no  compensation  is  made  to  such  railroad  com¬ 
pany,  the  city  shall  restore  such  railroad  track,  right 
of  way  or  land  to  its  former  state  or  in  a  sufficient 
manner  not  to  leave  impaired  its  usefulness. 


32 


REVISED  ORDINANCES. 


90.  The  city  council  or  board  of  trustees  shall 
have  no  power  to  grant  the  use  of;  or  the  right  to  lay 
down  any  railroad  tracks  in  any  street  of  the  city  to 
any  steam,  dummy,  electric,  cable, horse,  or  other  rail¬ 
road  company,  whether  the  same  shall  be  incorporated 
under  any  general  or  special  law  of  the  state  now  or 
hereafter  in  force,  except  upon  the  petition  of  the  own¬ 
ers  of  the  land  representing  more  than  one  half  of  the 
frontage  of  the  street  or  so  much  thereof  as  is  sought 
to  be  used  for  railrod  purposes  and  when  the  street  or 
part  thereof  sought  to  be  used  shall  be  more  than  one 
mile  in  extent,  no  petition  of  land  owners  shall  be  valid 
unless  the  same  shall  be  signed  by  the  owners  of  the 
land  representing  more  than  one  half  of  the  frontage 
of  each  mile  and  of  the  fraction  of  a  mile  if  any  in  ex¬ 
cess  of  the  whole  miles  measuring  from  the  initial  point 
named  in  such  petition,  of  such  street  or  of  the  part 
thereof  sought  to  be  used  for  railroad  purposes. 

91.  To  tax,  license,  and  regulate  auctioneers,  dis¬ 
tillers,  brewers,  lumber  yards,  livery  stables,  public 
scales,  money  changers,  and  brokers. 

92.  To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites, or  any  other  amusement 
or  practice  having  a  tendency  to  annoy  persons  passing 
in  the  streets  or  on  the  sidewalks,  or  to  frighten  teams 
and  horses. 

93.  To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any 
lumber,  timber,  wood,  or  other  combustible  material, 
within  the  fire  limits  of  the  city. 

94.  To  provide,  by  ordinance,  that  all  the  paper, 
printing,  stationery,  blanks,  fuel,  and  all  the  supplies 
needed  for  the  use  of  the  city,  shall  be  furnished  by 
contract,  let  to  the  lowest  bidder. 


REVISED  ORDINANCES. 


33 


95.  To  tax,  license,  and  regulate  second  hand  and  * 
junk-stores,  and  to  forbid  their  purchasing-  or  receiv¬ 
ing-  from  minors,  without  the  written  consent  of  their 
parents  or  g-uardians,  any  article  whatsoeyer. 

96.  To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary  to  carry  into  effect  . 
the  powers  granted  to  cities  or  villag-es,  with  such 
fines  or  penalties  as  the  city  council  or  board  of 
trustees  shall  deem  proper;  -provided ,  no  fine  or  pen¬ 
alty  shall  exceed  $200,  and  no  imprisonment  shall  ex¬ 
ceed  six  months  for  one  offense. 


An  Act  to  extend  the  powers  of  the  city  council  in  cities  and  the 
President  and  Board  of  Trustees,  in  villag-es  and  incorporated 
towns.  Approved  June  16,  1887.  In  force  July  1,  1887. 

.  < 

Section  1.  That  the  city  council  in  cities  and 
the  president  and  board  of  trustees  in  villag-es  and  in¬ 
corporated  towns  shall  have  power  to  license,  tax, 
reg-ulate,  suppress,  or  prohibit  itinerant  merchants  and 
transient  venders  of  merchandise. 


DIVISION  FOURTH. 


GENERAL  ORDINANCES 


OF  THE 


CITY  OF  MENDOTA. 


36 


REVISED  ORDINANCES. 


GENERAL  ORDINANCES 

OF  THE 

CITY  OF  MENDOTA. 


CHAPTER  I. 


Section  1. 

2. 

3. 

4. 

5. 
5. 

7. 

8. 
9. 

10. 

11. 

12. 


THE  MAYOR  AND  HIS  DUTIES. 

The  Mayor — his  qualifications. 

Enforce  ordinances — preside  at  meetings — vote  in  case 
of  a  tie,  etc. 

Vacancy. 

Mayor  pro  tem. 

Giving  bond. 

Appointment  of  city  officers — filling  vacancies. 
Supervise  conduct  of  officers. 

Removals — report  reasons  to  council — disapproval. 
Ordinances — approval — veto. 

Signing  commissions,  contracts,  etc. 

Additional  duties. 

Salary. 


Be  it  ordained  by  the  City  Council  of  the  city  of  Mendota  : 

SECTION  1.  The  mayor — his  qualifications.  The 
mayor  shall  be  the  chief  executive  officer  of  the  city 
of  Mendota  ;  he  shall  be  a  citizen  of  the  United  States, 
a  qualified  elector,  reside  within  the  city  limits,  and 
shall  hold  his  office  for  two  years,  and  until  his  suc¬ 
cessor  is  elected  and  qualified. 


REVISED  ORDINANCES. 


37 


Sec.  2.  Enforce  ordinances — -preside  at  meeting’s 
— vote  in  case  of  a  tie ,  etc.  The  mayor  shall  devote  so 
much  of  his  time  to  the  duties  of  his  office  as  a  faithful 
and  efficient  discharge  thereof  may  require;  he  shall  take 
care  that  all  the  ordinances  of  said  city  are  duly  en¬ 
forced,  respected  and  observed  ;  he  shall  preside  at  all 
the  meetings  of  the  city  council,  but  shall  not  vote 
except  in  case  of  a  tie,  when  he  shall  give  the  casting 
vote ;  he  shall  preserve  order  and  decorum  ;  and  gen¬ 
erally  do  and  perform  all  acts  and  things,  which  are 
enjoined  upon  him  by  the  laws  of  the  State  of  Illinois, 
and  the  ordinances  of  the  city  of  Mendota. 

Sec.  3.  Vacancy.  Whenever  any  vacancy  shall 
happen  in  the  office  of  mayor,  on  account  of  death, 
resignation,  removal  from  the  limits  of  the  city,  or  for 
any  other  cause,  when  the  unexpired  term  shall  be 
one  year  or  over  from  the  date  of  such  vacancy,  it  shall 
be  filled  by  an  election,  and  the  clerk  shall  give  notice  of 
such  election  as  required  by  law  governing  special 
elections  ;  if  such  vacancy  is  less  than  one  year,  the 
city  council  shall  elect  one  of  its  number  to  act  as 
mayor,  who  shall  possess  all  the  rights  and  powers  of 
the  mayor  until  the  next  annual  election,  and  until  the 
successor  is  elected  and  qualified. 

Sec.  4.  Mayor  pro  tem.  During  the  temporary 
absence  or  disability  of  the  mayor, the  city  council  shall 
elect  one  of  its  number  to  act  as  mayor  pro  tem,  who, 
during  such  absence  or  disability,  shall  possess  the 
powers  of  mayor. 

Sec.  5.  Giving  bond.  The  mayor,  before  enter¬ 
ing  upon  the  duties  of  his  office  shall  execute  a  bond 
to  said  city  in  the  penal  sum  of  three  thousand  dollars, 
with  such  sureties  as  the  city  council  shall  approve, 


38 


REVISED  ORDINANCES. 


conditioned  for  the  faithful  performance  of  the  duties 
uf  the  office. 

Sec.  6.  Appointinent  of  city  officers. — Filling 
vacancies. — The  mayor  shall  appoint,  by  and  with  the 
consent  of  the  city  council,  all  officers  of  said  city, 
whose  appointments  are  not  otherwise  provided  by  law; 
and  whenever  a  vacancy  shall  occur  in  any  office  which 
by  law  or  ordinance  he  is  empowered  and  required  to 
fill,  he  shall,  at  the  next  regular  meeting-  of  the  city 
council,  communicate  to  the  city  council  the  name  of 
his  appointee  to  such  office,  and  pending-  the  concur¬ 
rence  of  the  council  in  such  appointment,  he  may  desig*- 
nate  some  suitable  person  to  discharg-e  the  functions  of 
such  office. 

Sec.  7.  Supervise  the  conduct  of  officers. — The 
mayor  shall  supervise  the  conduct  of  all  of  the  officers  of 
the  city,  and  see  that  they  faithfully  and  efficiently 
discharg-e  the  duties  of  their  respective  offices ;  he 
shall  inquire  into  all  reasonable  complaints  made 
ag-ainst  them,  and  cause  all  their  neglects  or  violations 
of  duty  to  be  promptly  corrected  ;  and  he  shall,  in 
case  he  becomes  satisfied  that  any  officer  willfully  neg-- 
lects  or  violates  his  duty,  cause  such  officer  to  be  pros¬ 
ecuted  and  punished  ;  and  he  shall,  from  time  to  time, 
g-ive  the  council  such  information, relative  to  the  affairs 
of  the  city,  as  he  may  deem  proper,  and  recommend  for 
their  consideration  any  measure  that  he  may  deem  ex¬ 
pedient,  tending-  to  the  well-being-,  security,  or  im¬ 
provement  of  the  city. 

SEC.  8.  Removals — report  reasons  to  council — 
disapproval.  The  mayor  shall  have  power  to  remove 
any  officer  appointed  by  him,  on  any  formal  charg-e, 
whenever  he  shall  be  of  the  opinion  that  the  interests 
of  the  city  demand  such  removal;  but  he  shall  report 


REVISED  ORDINANCES. 


39 


the  reasons  for  such  removal  to  the  city  council  at  a 
meeting-  to  be  held  not  less  than  five  days  nor  more 
than  ten  days  after  such  removal ;  and  if  the  mayor  shall 
fail  or  refuse  to  file  with  the  city  clerk  a  statement  of 
the  reasons  for  such  removal,  or  if  the  city  council  by  a 
two-thirds  (§)  vote  of  all  its  members  authorized  by 
law  to  be  elected, by  yeas  and  nays,  to  be  entered  upon 
its  record,  disapprove  of  such  removal,  such  officer  shall 
thereupon  become  restored  to  the  office  from  which  he 
was  so  removed,  but  he  shall  give  new  bonds  and  take 
a  new  oath  of  office.  No  officer  shall  be  removed  a 
second  time  for  the  same  offense. 

Sec.  9.  Ordinances — a-pf^roval — veto.  The  mayor 
shall  carefully  inspect  all  ordinances  passed  by  the 
council  and  affix  his  official  signature  to  such  as  he 
may  approve  and  return  them  to  the  city  clerk,  within 
ten  days  after  their  passag-e;  and  all  ordinances  passed 
as  aforesaid  which  do  not  meet  his  approval,  he  shall 
return  to  the  council  with  his  objections  thereto  in 
writing  at  the  next  regular  meeting  of  the  council, 
occurring  not  less  than  five  days  after  the  passage 
thereof.  Such  veto  may  extend  to  any  one  or  more 
items  or  appropriations  contained  in  any  ordinance;  or 
to  the  entire  ordinance;  and  in  case  the  veto  only  ex¬ 
tends  to  a  part  of  such  ordinance  the  residue  thereof 
shall  take  effect  and  be  in  force;  but  in  case  the  mayor 
shall  fail  to  return  any  ordinance  with  his  objections 
thereto,  by  the  time  aforesaid,  he  shall  be  deemed  to 
have  approved  such  ordinance  and  the  same  shall  take 
effect  accordingly. 

Sec.  10.  Sign  all  commissions ,  contracts ,  etc.  The 
mayor  shall  sign  all  commissions,  licenses,  permits,  and 
warrants  granted,  issued  or  drawn  by  order  of  the  city 
council,  or  authorized  by  the  ordinances  of  said  city;  in 


40 


REVISED  ORDINANCES. 


all  contracts  where  the  city  is  a  party,  he  shall  sign  the 
same  on  behalf  of  the  city,  and  it  shall  be  his  special 
duty  to  see  that  the  other  contracting  party,  faithfully 
complies  with  the  contract,  and  in  all  suits  where  the 
city  is  a  party,  it  shall  be  the  duty  of  the  mayor  to 
advise  with  and  assist  the  city  attorney  in  prosecuting 
or  defending  the  same,  as  the  case  may  be. 

Sec.  11.  Additio?ial  duties.  In  addition  to  the 
above  and  foregoing,  the  mayor  shall  perform  all  such 
other  and  further  duties  pertaining  to  his  office  as  are 
or  may  be  required  of  him  by  the  laws  of  the  state  of 
Illinois,  or  the  ordinances  of  the  city  of  Mendota. 

Sec.  12.  Salary.  The  mayor  shall  receive  an  annual 
salary  of  one  hundred  dollars  to  be  paid  quarterly  in 
lieu  of  all  other  compensation,  perquisite,  or  benefit 
in  any  form  whatsoever. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 
17. 


CHAPTER  II. 

THE  CITY  COUNCIL. 

The  council— how  composed. 
Qualification  of  aldermen. 

Term  of  office. 

Regular  meetings. 

Special  meetings. 

Appointment  of  committees. 

Duties  of  standing  committees. 

Quorum. 

Compelling  attendance. 

Members  required  to  vote — when. 

When  yeas  and  nays  required. 

No  vote  reconsidered  at  special  meeting. 
Passing  of  measure  over  veto. 

Attaching  documents  to  reports. 

Reports  of  committees  deferred. 

The  municipal  year. 

The  fiscal  year. 


REVISED  ORDINANCES. 


41 


Section  18. 

19. 

20. 
21. 
22. 
28. 

24. 

25. 

26. 
27. 


Borrow  money — limitation. 

Annual  appropriation  ordinance. 
Limitation — emergency. 
Contracting-  liabilities  limited. 
Annual  tax  levy. 

Manner  of  collectings 
Time  of  paying-  over. 

When  levied  for  particular  purpose. 
Uniformity  of  taxation. 

Salary  of  Aldermen. 


Be  it  ordained [  by  the  city  council  of  the  City  of  Mendota: 

Section  1.  The  council — hozv  composed — fil¬ 
ing  vacancies.  The  city  council  shall  consist  of  the 
mayor  and  two  aldermen  from  each  ward;  it  shall  be 
the  judge  of  the  election  and  qualification  of  its  own 
members,  and  in  case  any  vacancy  shall  occur  in  the 
office  of  aldermen  by  death,  resignation,  removal,  or  any 
other  cause  such  vacancy  shall  be  filled  by  an  election. 

Sec.  2-  Qualification  of  aldermen.  No  person 
shall  be  eligible  to  the  office  of  alderman  unless  he  shall 
be  a  qualified  elector  and  reside  within  the  ward  for 
which  he  was  elected,  nor  shall  he  be  eligible  if  he  is  in 
arrears  in  the  payment  of  tax  or  any  other  liability  due 
to  the  city,  nor  shall  he  be  directly  or  indirectly  inter¬ 
ested  in  any  contract  whatever  to  which  the  city  is  a 
party;  nor  shall  he  be  eligible  if  he  shall  have  been 
convicted  of  malfeasance,  bribing,  or  corrupt  practices 
or  crime;  nor  shall  he  be  eligible  to  any  office,  the  salary 
of  which  is  payable  out  of  the  city  treasury,  if  at  the 
time  of  his  appointment  he  shall  be  a  member  of  the 
city  council,  nor  shall  any  member  of  the  city  coun¬ 
cil  at  the  same  time  hold  any  other  office  under 
the  city  government,  nor  shall  he  be  either  directly  or 
indirectly,  individually  or  as  member  of  a  firm  engaged 
in  any  business  transaction  (other  than  official)  with 


42 


REVISED  ORDINANCES. 


such  city,  through  its  mayor  or  any  of  its  authorized 
boards,  agents,  or  attorney  whereby  any  money  is  to  be 
paid  directly  or  indirectly  out  of  the  city  treasury  to 
such  firm  or  firms. 

Sec.  3.  Term  of  office.  Aldermen  shall  hold 
their  office  for  the  term  of  two  years  and  until  their 
successors  are  elected  and  qualified. 

Sec.  4.  Regular  meeting's .  The  regular  meet¬ 
ings  of  the  city  council  of  the  city  of  Mendota  shall  be 
held  in  the  council  chamber  at  thecit}  hall,  on  the  first 
Monday  evening  of  each  month.  Adjourned  meetings 
may  be  held  for  the  purpose  of  completing  the  unfin¬ 
ished  business  of  the  regular  meeting,  at  such  time  or 
times  as  may  be  determined  by  the  council. 

Sec.  5.  special  meetings.  Special  meetings  of 
the  city  council  may  be  called  by  the  mayor  or  any  three 
aldermen  whenever  in  their  discretion,  they  may  deem 
it  necessary,  in  which  event  such  meeting  shall  be 
called  in  the  following  manner:  The  mayor  or  three 
aldermen,  as  the  case  may  be,  shall  file  in  the  city 
clerk’s  office  a  statement  in  writing,  setting  forth  the 
object  and  purpose  of  such  special  meeting  and  direct¬ 
ing  the  clerk  to  give  notice  of  the  same.  Upon  the  fil¬ 
ing  of  such  statement  the  city  clerk  shall  cause  to  be 
served  personally  upon  each  member  of  the  council,  or 
left  at  his  usual  place  of  business  a  notice  of  such  sp(  - 
cial  meeting,  setting  forth  the  object  and  purpose 
thereof,  and  the  time  of  holding  the  same.  No  busi¬ 
ness  other  than  that  mentioned  in  the  call  shall  be 
transacted  at  such  special  meeting. 

Sec.  6.  Appointment  of  committees.  It  shall 
be  the  dut}7  of  the  mayor  at  the  first  regular  meeting 
of  the  council  in  May  of  each  year,  or  as  soon  thereafter 
as  maybe,  to  appoint  seven  standing  committees  of  the 


REVISED  ORDINANCES. 


43 


city  council,  each  to  consist  of  three  aldermen,  except 
the  committee  on  streets  and  alleys,  which  shall  consist 
of  four,  which  shall  be  as  follows  : 

1.  Committee  on  Streets  and  Alleys. 


2. 

3. 

4. 
*5. 
6. 
7. 


1 1 


t  i 


4  4 


4  4 


4  4 


4  4 


4  4 


4  4 


4  4 


4  4 


4  4 


Judiciary. 

Finance. 

Health. 

Water  works. 
Gas  and  Light. 
Licenses. 


Sec.  7.  Duties  of  standing"  committees .  It  shall 
be  the  duty  of  the  standing  committees  of  the  coun¬ 
cil  to  keep  a  close  watch  of  the  affairs  of  their  respec¬ 
tive  departments  of  the  city  government ;  they  shall 
have  the  general  management,  control,  and  supervision 
over  all  work  and  things  ordered  to  be  made  or  done 
by  the  council,  in  their  respective  departments,  and 
they  shall  make  report  to  the  council  of  whatever 
facts  may  be  deemed  of  importance.  Hach  committee 
shall  promptly  and  thoroughly  investigate  and  report 
in  writing  upon  all  matters  referred  to  it  by  the  council, 
and  do  and  perform  such  other  and  further  duties  as  the 
council  may,  from  time  to  time,  by  ordinance,  resolu¬ 
tion,  or  motion  prescribe. 

Sec.  8.  Quorum.  A  majority  of  the  aldermen 
shall  constitute  a  quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  time  to  time  and 
may  compel  the  attendance  of  absentees  under  the 
penalties  prescribed  by  section  9  of  this  ordinance. 

Sec.  9.  Comfiellmg  Attendance.  In  case  of 
the  want  of  a  quorum  at  any  time  of  the  city  coun¬ 
cil,  in  case  a  majority  of  the  members  present 
shall  direct,  the  mayor  or  presiding  officer  shall  direct 
the  marshal,  or  any  police  officer  to  go  out  and  arrest 


44 


REVISED  ORDINANCES. 


and  bring-  in  any  and  all  absent  members  that  can  be 
found  in  the  city,  who  are  not  unable  through  sickness 
to  attend  ;  and  any  member  who  purposely  absents 
himself  from  the  city  to  avoid  attending- any  meeting 
of  the  council,  or  being-  in  the  city,  conceals  himself 
from  such  officer,  or  refuses  to  be  brought  in  when 
found,  shall  be  deemed  guilty  of  disorderly  conduct 
and  be  subjected  to  a  fine  of  twenty-five  dollars,  and 
the  council  may,  with  the  concurrence  of  two-thirds 
of  all  the  aldermen  elect,  expel  such  member,  in  which 
event  his  seat  shall  be  deemed  vacant,  and  be  filled  by 
an  election  as  in  other  cases  of  vacancy. 

Sec.  10.  Members  required  to  vole — zvhen.  E}very 
member  of  the  council  shall  vote  on  all  questions  in 
which  they  are  not  directly  and  personally  interested 
which  maybe  brought  before  the  council  for  its  action 
in  such  manner  as  to  require  a  vote  to  be  taken  thereon, 
unless  such  member  be  excused  by  a  vote  of  two-thirds 
of  all  the  other  members  present. 

Sec.  11.  Teas  and.  nays — Record — Vote  required. 
The  yeas  and  nays  shall  be  taken  upon  the  passage  of 
all  ordinances,  and  on  all  propositions  to  create  any 
liability  against  the  city,  or  for  the  expenditure  or 
appropriation  of  its  money,  and  in  all  other  cases  at 
the  request  of  any  member  which  shall  be  entered  on 
the  journal  of  its  proceedings  ;  and  the  concurrence  of 
a  majority  of  all  the  members  elected  in  the  city  coun¬ 
cil  shall  be  necessary  to  the  passage  of  any  such  ordin¬ 
ance  or  proposition.  Provided ,  it  shall  take  two-thirds 
of  all  the  aldermen  elect  to  sell  any  city  or  school 
property. 

Sec.  12.  Not  to  rescind  vote  at  special  meeting - 
unless ,  etc.  No  vote  of  the  city  council  shall  be  recon¬ 
sidered  or  rescinded  at  a  special  meeting,  unless  at 


REVISED  ORDINANCES. 


45 


such  special  meeting-  there  be  present  as  large  a  num¬ 
ber  of  aldermen  as  were  present  when  such  vote  was 
taken. 

SEC.  13.  Passing"  an  ordinance  over  veto.  In 
case  the  mayor  shall  veto  any  ordinance  or  any  part  of 
an  ordinance  and  return  the  same  to  the  council, 
tog-ether  v;ith  his  objections  thereto,  the  vote  by  which 
the  same  was  passed  shall  be  reconsidered  by  the 
council;  and  if  after  such  reconsideration  two-thirds 
of  all  the  members  elected  to  the  city  council  shall 
agree  by  yeas  and  nays  to  pass  the  same,  it  shall  go 
into  effect,  notwithstanding  the  mayor  may  refuse  to 
approve  thereof.  The  vote  to  pass  the  same  over  the 
mayor’s  veto  shall  be  taken  by  yeas  and  nays,  and 
entered  on  the  journal. 

Sec.  14.  Attaching  documents  to  reports.  IOvery 
committee  of  the  city  council,  in  reporting  upon  any 
subject  referred  to  it,  shall  attach  to  their  report  all 
papers  or  documents  in  the  possession  of  the  com¬ 
mittee  relative  to  the  matter  so  referred. 

Sec.  15.  When  report  laid  over.  Any  report  of 
a  committee  of  the  council  shall  be  deferred  for  final 
action  thereon,  to  the  next  regular  meeting  of  the  same 
after  the  report  is  made,  upon  the  request  of  any  two 
aldermen  present. 

Sec.  16.  Municipal  year.  The  municipal  year 
of  the  city  of  Mendota  shall  commence  on  the  first 
Monday  in  May  in  each  and  every  year. 

Sec.  17.  The  Fiscal  year.  The  fiscal  year  of 
the  city  of  Mendota  shall  commence  on  the  first  Mon¬ 
day  in  April  of  each  and  every  year. 

Sec.  18.  Borrozv  money.  The  city  council  may 
whenever  the  interests  of  the  city  require  it  borrow 
money  on  the  corporation  for  corporate  purposes,  and 


46 


REVISED  ORDINANCES. 


issue  bonds  therefor,  in  such  amounts  and  form,  and  on 
such  conditions  as  it  shall  prescribe,  but  shall  not  be¬ 
come  indebted  in  any  manner  or  for  any  purpose  to  an 
amount,  including1  existing  indebtedness,  in  the  aggre¬ 
gate  to  exceed  five  (5)  per  centum  on  the  value  of  the 
taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  state  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness;  and  before  or  at  the 
time  of  incurring  any  indebtedness,  shall  provide  for 
the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  such  debt  as  falls  due,  and  also  to  pay 
and  discharge  the  principal  thereof  within  twenty  years 
after  contracting  the  same. 

Sec.  19.  Annual  appropriation  ordinance.  The 
city  council  shall  within  the  first  quarter  of  each  fiscal 
year,  pass  an  ordinance,  to  be  termed  the  annual  appro¬ 
priation  bill,  in  which  such  corporate  authorities  may 
appropriate  such  sum  or  sums  of  money  as  may  be 
deemed  necessary  to  defray  all  necessary  expenses  and 
liabilities  of  such  corporation;  and  in  such  ordinance 
shall  specify  the  objects  and  purposes  for  which  such 
appropriations  are  made,  and  the  amount  appropriated 
for  each  object  or  purpose.  No  further  appropriations 
shall  be  made  at  any  other  time  within  such  fiscal 
year,  unless  the  proposition  to  make  each  appropri¬ 
ation  has  been  first  sanctioned  by  a  majority  of  the 
legal  voters  of  such  city  or  village,  either  by  a  petition 
signed  by  them,  or  at  a  general  or  special  election 
duly  called  therefor. 

Sec.  20.  Limitation — emergency  —  borrozuing 
money.  Neither  the  city  council  nor  any  department 
or  officer  of  the  corporation,  shall  add  to  the  corpor¬ 
ation  expenditures  in  any  one  year  anything  over  and 
above  the  amount  provided  for  in  the  annual  appro- 


REVISED  ORDINANCES. 


47 


priation  bill  of  that  year,  except  as  is  herein  specially 
provided;  and  no  expenditure  for  an  improvement  to  be 
paid  for  out  of  the  general  fund  of  the  corporation 
shall  exceed,  in  any  one  year,  the  amount  provided  for 
such  improvement  in  the  annual  appropriation  bill: 
Provided ,  however ,  that  nothing  herein  contained 
shall  prevent  the  city  council  from  ordering,  by  a  two- 
thirds  vote,  any  improvement,  the  necessity  of  which 
is  caused  by  any  casualty  or  accident  happening  after 
such  annual  appropriation  is  made.  The  city  council 
may,  by  a  like  vote,  order  the  mayor  and  finance  com¬ 
mittee  to  borrow  a  sufficient  amount  to  provide  for  the 
expense  necessary  to  be  incurred  in  making  any  im¬ 
provements,  the  necessity  of  which  has  arisen  as  is  last 
above  mentioned,  for  a  space  of  time  not  exceeding  the 
close  of  the  next  fiscal  year — which  sum,  and  the  in¬ 
terest,  shall  be  added  to  the  amount  authorized  to  be 
raised  in  the  next  general  tax  levy,  and  embraced  there¬ 
in.  Should  any  judgment  be  obtained  against  the 
corporation,  the  mayor,  and  finance  committee,  under 
the  sanction  of  the  city  council,  may  borrow  a  sufficient 
amount  to  pay  the  same,  for  a  space  of  time  not  ex¬ 
ceeding  the  close  of  the  next  fiscal  year — which  sum 
and  interest  shall,  in  like  manner,  be  added  to  the 
amount  authorized  to  be  raised  in  the  general  tax  levy 
of  the  next  year,  and  embraced  therein. 

Sec.  21.  Contracting  liabilities  limited.  No  con¬ 
tract  shall  be  hereafter  made  by  the  city  council,  or 
any  committee  or  member  thereof ;  and  no  expense  shall 
be  incurred  by  any  of  the  officers  or  departments  of  the 
corporation,  whether  the  object  of  the  expenditure 
shall  have  been  ordered  by  the  city  council  or  not,  un¬ 
less  an  appropriation  shall  have  been  previously  made 


48 


REVISED  ORDINANCES. 


concerning-  such  expense,  except  as  therein  otherwise 
expressly  provided. 

Sec.  22.  Annual  tax  levy.  The  city  council  shall 
annually, on  or  before  the  third  Tuesday  in  September  in 
each  year,  ascertain  the  total  amount  of  appropriations 
for  all  corporate  purposes  leg-ally  made,  and  to  be  col¬ 
lected  from  the  tax  levy  of  that  fiscal  year;  and  by  an 
ordinance  specifying-  in  detail  the  purposes  for  which 
such  appropriations  are  made,  and  the  sum  or  amount 
appropriated  for  each  purpose  respectively,  levy  the 
amount  so  ascertained  upon  all  the  propert}^  sub¬ 
ject  to  taxation  within  the  city  as  the  same  is  assessed 
and  equalized  for  state  and  county  purposes  for  the 
current  year.  A  certified  copy  of  such  ordinance  shall 
be  filed  with  the  county  clerk,  whose  duty  it  shall  be 
to  ascertain  the  rate  per  cent.,  which  upon  the  total 
valuation  of  all  the  property  subject  to  taxation  with¬ 
in  the  city  as  the  same  is  assessed  and  equalized  for 
state  and  county  purposes,  will  produce  a  net  amount 
not  less  than  the  amount  so  directed  to  be  levied;  and 
it  shall  be  the  duty  of  the  county  clerk  to  extend  such 
tax  in  a  separate  column  upon  the  book,  or  books  of  the 
collector,  or  collectors  of  the  state  and  county  taxes 
within:  Provided ,  the  ag-greg-ate  amount  of  taxes 
levied  for  any  one  year,  exclusive  of  the  amount  levied 
for  the  payment  of  bonded  indebtedness,  or  the  inter¬ 
est  thereon,  shall  not  exceed  the  rate  of  two  (2)  per 
centum  upon  the  ag-greg-ate  valuation  of  all  the  prop¬ 
erty  within  the  city  subject  to  taxation  as  the  same 
was  equalized  for  state  and  county  taxes  of  the  pre- 
ceeding-  year. 

Sec.  23.  Manner  of  collecting-.  The  tax  so 
assessed  shall  be  collected  and  enforced  in  the  same 

• 

manner  and  by  the  same  officers  as  state  and  county 


REVISED  ORDINANCES. 


49 


taxes,  and  shall  be  paid  over  by  the  officers  collecting1 
the  same  to  the  treasurer  of  the  city. 

Sec.  24.  Time  of  paying’  over.  It  shall  be  the 
duty  of  the  officer  collecting  such  tax  to  settle  with 
and  pay  over  to  such  treasurer,  as  often  as  once  in  two 
weeks  from  the  time  he  shall  commence  the  collection 
thereof,  all  such  taxes  as  he  shall  then  have  collected, 
till  the  whole  tax  collected  shall  be  paid  over. 

SEC.  25.  When  tax  levied  for  particular  purpose. 
Whenever  the  city  is  required  to  levy  a  tax  for  the 
payment  of  any  particular  debt,  appropriation  or 
liability  of  the  same,  the  tax  of  such  purpose  shall  be 
included  in  the  total  amount  assessed  by  the  city 
council,  and  certified  to  the  county  clerk  as  aforesaid; 
but  the  city  council  shall  determine,  in  the  ordinance 
making  such  assessment,  what  proportion  of  such 
total  amount  shall  be  applicable  to  the  payment  of  such 
particular  debt,  appropriation,  or  liability;  and  the  city 
treasurer  shall  set  apart  such  proportion  of  the  tax 
collected  and  paid  to  him  for  the  payment  of  such  par¬ 
ticular  debt,  appropriation,  or  liability,  and  shall  not 
disburse  the  same  for  any  other  purpose  until  such 
debt,  appropriation,  or  liability  shall  have  been  dis¬ 
charged. 

Sec.  26.  Uniformity .  All  taxes  levied  or  assessed 
by  the  city  council,  except  special  assessments  for  local 
improvements,  shall  be  uniform  upon  all  taxable  prop¬ 
erty  and  persons  within  the  limits  of  the  city,  and  no 
property  shall  be  exempt  therefrom  other  than  such 
property  as  may  be  exempt  from  taxation  under  the 
constitution  and  general  laws  of  the  state. 

Sec.  27.  Salary.  Each  alderman  shall  receive 
the  sum  of  two  dollars  for»each  and  every  regular 
meeting  of  the  city  council  actually  attended  by  him. 


50 


REVISED  ORDINANCES. 


CHAPTER  III. 


THE  CITY  CLERK. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 


Term  of  office,  oath  and  bond. 

Keeping-  minutes,  serving-  notices. 

Corporate  seal  and  certified  copies  of  papers. 
Record,  ordinances  and  properly  indexed. 
Publish  ordinances. 

Deliver  papers  to  committees  and  officers. 
Prepare  official  papers. 

Appoint  deputy — When  . 

Notice  of  election  or  appointment. 

Charg-e  of  official  papers. 

Keep  record  of  bonds,  etc. 

Keep  list  of  warrants — How  signed  . 

Record  of  elections  and  appointments. 

Keep  record,  turn  same  over  to  successor. 
Salary. 


i 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Oath  ond  bond.  The  citv  clerk,  before 
entering-  upon  the  duties  of  his  office,  shall  take  the 
prescribed  oath  for  the  other  city  officers,  shall  exe¬ 
cute  a  bond  to  the  city  of  Mendota  in  the  penal  sum  of 
five  hundred  dollars,  with  such  sureties  as  may  be  ap¬ 
proved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  and  the  pay¬ 
ment  of  all  moneys  that  may  be  received  by  him,  ac¬ 
cording  to  law  and  the  ordinances  of  said  city,  which 
bond  shall  be  filed  with  the  city  treasurer.  He  shall 
hold  his  office  for  two  yeurs  and  until  his  successor  is 
duly  elected  and  qualified. 


REVISED  ORDINANCES. 


51 


Sec.  2.  Keeping  minutes ,  serving  notices ,  etc. 
The  city  clerk  shall  attend  all  meetings  of  the  city 
council,  and  shall  keep  in  a  suitable  book,  to  be  styled 
“Record  of  the  City  Council,'’  a  full  and  faithful 
record  of  its  proceeding’s.  He  shall  issue  and  cause 
to  be  served  upon  all  aldermen  notices  of  all  special 
meeting’s  of  the  city  council  ;  also  notices  to  the  mem¬ 
bers  of  the  different  committees  of  that  body,  and  to 
all  other  persons  whose  attendance  may  be  required 
before  any  such  committee,  when  so  directed  by  the 
chairman  thereof. 

Sec.  3.  Corporation  seal  and  certified  copies  of 
papers.  The  clerk  shall  keep  the  corporate  seal,  to 
be  provided  under  the  direction  of  the  city  council,  and 
all  papers  belonging-  to  the  city,  and  copies  of  all 
papers  duly  filed  in  his  office,  and  transcripts  from 
the  records  and  files  in  his  office,  certified  by  him 
under  the  corporate  seal,  shall  be  evidence  in  all  courts 
in  like  manner  as  if  the  originals  were  produced. 

Sec.  4.  Record  ordinances .  The  clerk  shall 
record  and  properly  index  in  a  book  kept  for  that  pur¬ 
pose  all  ordinances  passed  by  the  city  council,  and  at 
the  foot  of  the  record  of  each  ordinance  so  recorded  he 
shall  make  a  memorandum  of  the  date  of  the  passag’e 
and  of  the  publication  of  such  ordinance,  which  record 
and  memorandum,  or  a  certified  copy  thereof,  shall  be 
prima  facie  evidence  of  the  passag’e  and  leg’al  publica¬ 
tion  of  such  ordinance  for  all  purposes  whatever. 

Sec.  5.  Publish  ordinances.  The  clerk  shall 
cause  all  ordinances  passed  by  the  city  council,  impos¬ 
ing-  any  fine,  penalty,  imprisonment,  or  forfeiture,  or 
making-  any  appropriation,  to  be  published  once,  and 
that  within  thirty  days  after  their  passag’e,  in  such 
public  newspaper,  printed  in  said  city,  as  the  city 


52 


REVISED  ORDINANCES. 


council  shall  designate,  and  shall  file  and  preserve  in 
his  office  one  or  more  copies  of  the  paper  containing 
every  ordinance  so  published. 

SEC.  6.  Deliver  ; papers  lo  committes  and  officers. 
Said  clerk  shall  without  delay,  upon  the  adjournment 
of  each  meeting-  of  the  city  council,  notify,  and  upon 
demand,  shall  deliver  to  the  several  committees  of  that 
body,  and  to  the  officers  of  the  corporation,  all  peti¬ 
tions,  communications,  reports,  resolutions,  orders, 
claims,  and  other  papers  referred  to  those  committees 
or  officers  by  the  council.  He  shall  also,  without  de¬ 
lay,  deliver  to  the  mayor  all  ordinances  or  resolutions, 
in  his  charge,  which  may  require  to  be  approved,  or 
otherwise  acted  upon  by  the  mayor. 

ScE.  7.  Prepare  official  papers.  Said  clerk  shall 
prepare  all  commissions,  licenses,  permits,  and  other 
official  documents  required  to  be  issued  by  him 
under  the  laws  and  ordinances  of  the  city,  and  shall 
attest  the  same  with  the  corporate  seal  ;  and  he  shall 
in  like  manner,  attest  all  deeds  for  the  sale  of  real 
estate  owned  and  conveyed  by  the  city. 

Sec.  8.  Appoint  deputy — * when .  He  may,  when 
necessary,  at  his  own  expense,  and  upon  the  approval  of 
the  mayor,  appoint  a  deputy,  who,  during  the  temporary 
absence  or  disability  of  the  clerk,  shall  be  empowered 
to  perform  all  the  duties  of  the  city  clerk. 

Sec.  9.  Nature  of  election  or  appointment. 
It  shall  be  the  duty  of  the  clerk,  within  five  days  after 
the  election  is  declared,  or  appointment  is  made,  to 
notify  all  persons  elected  or  appointed  to  office,  of  their 
election  or  appointment,  and  unless  such  persons  shall 
respectively  qualify  within  ten  days  after  such  elec¬ 
tion,  the  office  shall  become  vacant. 


REVISED  ORDINANCES. 


53 


Sec.  10.  Charge  of  official  papers.  The  clerk 
shall  have  the  charge,  custody,  and  control  of  all  deeds, 
leases,  warrants,  contracts,  bonds,  obligations,  vouch¬ 
ers,  books,  and  papers  of  every  kind,  the  custody  of 
which  is  not  herein  given  to  any  other  officer. 

Sec.  11.  Keep  record  of  all  bonds ,  etc .  The 
clerk  shall  keep  in  his  office,  in  a  book  or  books,  kept 
expressly  for  that  purpose,  a  correct  list  of  all  the  out¬ 
standing  bonds  of  the  city,  showing  the  number  and 
amount  of  each,  for  and  to  whom  the  said  bonds  are 
issued,  and  when  any  city  bonds  are  purchased,  or  paid, 
or  cancelled,  said  book  or  books  shall  show  the  fact. 

Sec.  12.  Keep  list  of  zuarrants.  Said  clerk 
shall  keep  in  a  suitable  book  an  accurate  list  of  all 
warrants  drawn  upon  the  city  treasurer,  showing  the 
date,  number  and  amount  of  each,  and  the  name  of  the 
person  in  whose  favor  drawn.  All  warrants  drawn 
upon  the  city  treasurer  shall  be  signed  by  the  mayor, 
and  countersigned  by  the  clerk,  and  shall  specify  there¬ 
in  the  particular  fund  or  appropriation  to  which  the 
same  is  chargeable  and  the  person  to  whom  payable  ; 
and  no  money  shall  be  otherwise  paid  than  upon  such 
warrants  so  drawn. 

Sec  13.  Record  elections  and  appointments.  The 
clerk  shall  keep  a  record  of  the  election  or  appointment 
and  confirmation  of  all  officers  of  the  city,  and  said 
record  shall  be  so  ruled  and  headed  that  the  same  shall 
exhibit  the  name  of  the  officer,  to  what  office  elected  or 
appointed,  the  date  of  confirmation,  or  election,  the 
date  of  commission,  and  the  date  of  death,  resignation, 
removal  or  expiration  of  term  of  office,  with  a  column 
for  remarks. 


54 


REVISED  ORDINANCES. 


Sec.  14.  Keef>  record — turn  same  over  to  suc¬ 
cessor.  The  clerk  shall  carefully  preserve  in  his  office 
all  books,  records,  papers,  maps,  and  effects  of  every 
description  belonging  to  the  city  or  appertaining  to 
said  office,  and  on  the  expiration  in  any  way  of  his  offi¬ 
cial  term  he  shall  deliver  all  such  books,  records, 
papers,  and  effects  to  his  successor  in  office. 

Sec.  15.  Salary .  The  city  clerk  shall  receive 
an  annual  salary  of  two  hundred  and  fifty  dollars  pay¬ 
able  quarterly.  And  in  addition  he  shall  receive  one 
dollar  each  for  issuing  licenses  or  permits,  excepting 
licenses  to  residents  for  which  he  shall  receive  fifty 
cents  to  be  paid  by  the  parties  obtaining  the  same. 

CHAPTER  IV. 


Section  1 . 

2. 

3. 

4. 

5. 
G. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 


CITY  ATTORNEY. 

Term  of  office — taking-  oath  and  giving  bond. 
The  legal  adviser  of  the  city. 

To  draw  and  examine  all  papers. 

To  prosecute  and  defend  all  suits. 

To  collect  all  judgments. 

To  prosecute  for  violation  of  ordinances. 
Power  to  dismiss  suits. 

Appeals  from  Justices. 

Annual  report. 

To  keep  record. 

Turn  over  to  successor. 

Employment  of  deputy. 

Salary. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Men dota: 

Section  1.  Taking  oath  and  giving  bond.  The 
city  attorney  shall,  before  entering  upon  the  duties  of  his 
office, take  the  oath  prescribed  by  law  for  city  officers  and 
execute  a  bond  to  the  city  of  Mendota  in  the  penal  sum 


REVISED  ORDINANCES. 


55 


of  five  hundred  dollars  with  such  sureties  as  the  coun¬ 
cil  shall  approve,  conditioned  for  the  faithful  perform¬ 
ance  of  the  duties  of  said  office.  He  shall  hold  his  office 
for  two  years  and  until  his  successor  is  duly  elected 
and  qualified. 

Sec.  2.  Legal  adviser  of  the  city.  The  city 
attorney  shall  be  the  leg*al  adviser  of  the  city;  he  shall, 
when  required,  advise  the  city  council,  or  any  city 
officer  in  all  matters  of  law,  in  which  the  interest  of 
the  corporation  are  involved.  He  shall,  when  required 
by  the  mayor,  city  council,  or  any  committee  thereof, 
furnish  written  opinions  upon  any  subject  submitted 
to  him,  pertaining-  to  the  city  or  its  interests. 

Sec.  3.  To  draw  all  papers.  The  city  attorney 
shall  draw  such  ordinances,  deeds,  leases,  bonds,  con¬ 
tracts,  notices,  or  such  other  instruments  in  writing*  as 
may  be  required  of  him  by  the  mayor,  city  council  or  any 
committee  thereof,  and  he  shall  examine  and  pass  upon 
the  leg-ality  of  any  and  all  papers  submitted  to  him 
pertaining-  to  the  city  or  its  interests,  when  required  by 
the  mayor,  city  council,  or  any  committee  thereof. 

SEC.  4.  To  prosecute  and  defend  all  suits. 
Said  attorney  shall  prosecute  or  defend  on  behalf  of 
the  city  in  all  cases  in  which  the  interests  of  the  cor¬ 
poration  are  involved;  and  the  city  clerk  shall  furnish 
him  with  certified  copies  of  any  ordinance, bond, or  other 
papers  in  his  keeping-  necessary  to  be  filed  or  used  in 
any  suit  or  proceeding-. 

Sec.  5.  To  collect  judgments .  He  shall  cause 
executions  to  be  issued  upon  all  judg-ments  recovered  in 
favor  of  the  city,  and  see  to  their  prompt  collection. 
He  shall  examine  all  fee  bills  of  officers  of  courts  and 
certify  to  the  correctness  of  the  same,  and  the  liability 
of  the  city  therefor. 


56 


REVISED  ORDINANCES. 


Sec.  6.  To  prosecute  for  violation  of  ordinances. 
He  is  hereby  charged  with  the  prosecution  of  all  actions 
for  violations  of  the  ordinances  of  the  city,  and  with  the 
conducting-  of  all  proceedings  in  justices’  courts,  or  on 
appeal  therefrom.  He  shall  institute  and  prosecute  an 
action  in  eyery  case  where  there  has  been  a  violation  of 
the  city  ordinances,  when  instructed  to  do  so  by  the 
mayor,  the  city  council,  or  the  chief  officer  of  any  de¬ 
partment  of  the  city  government;  or  upon  complaint  of 
any  other  person,  when,  in  his  judgment,  the  public 
interest  shall  require  that  the  same  be  prosecuted. 

Sec.  7.  Power  to  dismiss  suits.  He  shall  not  be 
required  to  prosecute  any  suit  or  action  arising  under 
the  ordinances  of  the  city,  when,  upon  investigation  of 
the  same,  he  shall  become  satisfied  that  the  complaint 
was  instituted  maliciously  or  vexatiously,  and  without 
probable  cause;  and  he  shall  be  authorized  to  discon¬ 
tinue  anv  such  suitor  proceeding  upon  such  terms  as  he 
may  deem  just  and  equitable. 

Sec.  8.  Appeals  fro?n  justices.  An  appeal  may  be 
taken  by  the  city  attorney  from  the  judgment  of  any 
police  magistrate  or  justice  of  the  peace,  to  the  county 
or  circuit  court  of  LaSalle  county,  in  any  case,  when 
in  his  opinion,  the  public  interest  may  require  it;  but 
no  appeal  or  writ  of  error  shall  be  taken  by  said  attor¬ 
ney,  on  behalf  of  the  corporation,  to  any  higher  court, 
unless  the  same  shall  be  authorized  by  the  mayor,  or 
directed  by  fhe  city  council. 

Sec.  9.  Annual  report.  Said  attorney  shall,  an¬ 
nually,  on  or  before  the  first  Monday  in  May,  of  each 
year,  report  in  writing  to  the  city  council  all  suits 
instituted  and  pending  in  the  courts  of  record,  wherein 
the  city  of  Mendota  is  plaintiff  or  defendant.  In  said 
report  he  shall  state  the  names  of  the  parties  to  the 


57 


REVISED  ORDINANCES. 


suit,  the  date  of  their  commencement,  the  nature  there¬ 
of,  and  the  several  steps  taken  by  him  to  bring*  the 
same  to  final  issue;  and  he  shall  also  give  a  list  of  all 
cases  disposed  of  in  any  court  of  record  during  his  term 
of  office  and  subsequent  to  his  last  report,  with  such 
explanatory  remarks  as  he  may  think  proper  to  add 
thereto,  to  the  end  that  the  council  may  be  kept  fully 
advised  as  to  the  legal  affairs  of  the  city. 

Sec.  10.  To  keep  record.  It  shall  be  the  duty 
of  said  attorney  to  keep,  in  a  suitable  book  to  be  pro¬ 
vided  by  the  city  for  that  purpose, a  record  of  all  writ¬ 
ten  opinions  given  or  furnished  by  him  to  said  city;  and 
he  shall  also  keep  a  register  of  all  actions  in  courts  of 
record,  prosecuted  or  defended  by  him,  in  which  the 
city  was  a  party,  and  of  the  various  proceedings  in 
connection  therewith,  and  such  books  shall,  at  all 
reasonable  hours,  be  subject  to  inspection  or  examin¬ 
ation  by  the  mayor  or  any  member  of  the  city  council. 

Sec.  11.  Shall  turn  over  to  successor.  Upon  ex¬ 
piration  of  his  term  of  office,  or  resignation,  or  removal 
therefrom,  he  shall  forthwith  turn  over  to  his  successor 
in  office  all  deeds,  leases,  papers,  or  books  in  his  hands 
belonging  to  the  city,  together  with  a  statement  in 
writing  showing  what  action,  if  any,  has  been  taken  in 
any  action  or  actions  pending,  wherein  the  city  is  party, 
and  giving  such  information  as  he  may  possess  with 
respect  to  evidence,  or  witnesses  in  such  action  or 
actions. 

Sec.  12.  Employment  of  deputy.  In  case  of 
temporary  absence  or  inability  of  the  city  attorney  to 
attend  to  the  duties  of  his  office,  he  may,  with  the 
approval  of  the  mayor  and  judiciary  committee,  and  at 
his  own  expense,  appoint  or  employ  some  competent 
attorney  to  act  in  his  place. 


58 


REVISED  ORDINANCES. 


Sec.  13.  Salary .  The  city  attorney  shall  receive 
an  annual  salary  of  one  hundred  dollars,  to  be  paid 
quarterly,  and  when  attending  to  the  business  of  the 
city  at  Ottawa  he  shall  be  entitled  to  a  reasonable 
compensation. 

CHAPTER  V. 


CITY  TREASURER. 


Section  1 . 

2. 

3. 

4. 

5. 
6.. 

7. 

8. 
9. 

10. 


Term  of  office — oath  and  bond. 

Receive  money — keep  accounts — give  receipts. 
Keep  register. 

Keep  special  assessment  fund  separate. 

Not  to  use  city  funds. 

Report  delinquent  officers. 

Method  of  keeping  books. 

Monthly  statements  to  council. 

Annual  statement. 

Salary. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

SEC.  1.  Term  of  office — oath  and  bond.  The 
city  treasurer  shall  be  elected  and  hold  his  office  for 
two  years  and  until  his  successor  is  elected  and  quali¬ 
fied,  provided  that  no  person  shall  be  elected  to  the 
office  of  city  treasurer  for  two  terms  in  succession.  He 
shall  before  entering  upon  the  duties  of  his  office  take 
the  oath  prescribed  for  city  officers  and  shall  execute  a 
bond  to  the  city  of  Mendota  in  a  penal  sum  not  less 
than  the  amount  of  the  estimated  city  tax  and  special 
assessments  for  the  current  year,  with  at  least  two 
good  and  sufficient  sureties,  to  be  approved  by  the  city 
council,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  and  the  payment  of  all  money  re¬ 
ceived  by  him,  according  to  law  and  the  ordinances  of 
said  city. 


REVISED  ORDINANCES. 


59 


Sec.  2.  Receive  money — keep  account — give 
receipts .  Said  treasurer  shall  receive  all  moneys  be¬ 
longing-  to  the  city,  and  shall  keep  a  separate  account 
of  each  fund  or  appropriation  and  debits  and  credits 
belonging  thereto.  He  shall  give  to  every  person  pay¬ 
ing  money  into  the  city  treasury  a  receipt  therefor, 
specifying  the  date  of  the  payment  and  upon  what  ac¬ 
count  paid;  and  he  shall  file  copies  of  such  receipts 
with  the  city  clerk  at  the  date  of  his  monthly  report. 

Sec.  3.  Keep  register.  He  shall  keep  an  accur¬ 
ate  register  of  all  warrants  redeemed  and  paid  by  him, 
showing  the  number,  date  and  amount  of  each,  the 
fund  from  which  paid,  and  the  name  of  the  person  to 
whom  and  when  paid;  and  he  shall  cancel  all  warrants 
as  soon  as  redeemed  by  him. 

Sec.  4.  Keep  special  assess7ne?it  fund  separate . 
All  moneys  received  by  the  city  treasurer  on  any  spe¬ 
cial  assessment  or  special  tax,  shall  be  held  by  him  as 
a  special  fund,  to  be  applied  to  the  payment  of  the  im¬ 
provement  for  which  such  special  assessment  or  special 
tax  was  made,  and  said  money  shall  be  used  for  no  other 
purpose  ‘whatever,  except  to  reimburse  the  city  for 
money  expended  for  such  improvement. 

Sec.  5.  Not  to  use  city  funds.  The  city  treas¬ 
urer  shall  keep  all  moneys  in  his  hands  belonging  to 
the  city  separate  and  distinct  from  his  own  money, and 
he  is  hereby  expressly  prohibited  from  using,  either 
directly  or  indirectly,  the  city  moneys  or  warrants,  in 
his  custody  or  keeping,  for  his  own  use  and  benefit,  or 
that  of  any  other  person  or  persons  whomsoever;  and 
any  violation  of  this  section  shall  subject  him  to  removal 
from  office. 

Sec.  6.  Report  delinquent  officers.  It  shall  be 
the  duty  of  the  treasurer  to  report  to  the  city  clerk 


60 


REVISED  ORDINANCES. 


any  officer  authorized  to  receive  money  for  the  use  of 
the  city  who  may  fail  to  make  a  return  of  the  moneys 
received  by  him  at  the  time  required  by  law,  or  by  the 
ordinances  of  the  city. 

Sec.  7.  Method  of  kee-ping  books.  Said  treas¬ 
urer  shall  keep  his  books  and  accounts  in  such  manner 
as  to  show  with  entire  accuracy  all  moneys  received 
and  disbursed  by  him  for  the  city,  stating-  from  whom 
and  on  what  account  received,  and  to  whom  and  on  what 
account  paid  out,  and  in  such  way  that  said  books  and 
accounts  will  exhibit  at  all  times  the  true  financial  con¬ 
dition  of  the  city,  and  in  such  manner  as  may  be  readily 
investigated  and  understood;  and  the  same,  together 
with  all  files  and  papers  of  said  office,  shall  be  at  all 
times  open  to  examination  by  the  mayor,  the  clerk,  the 
finance  committee  or  any  member  of  the  city  council. 

SEC.  8.  Monthly  state?nents  to  council.  The 
city  treasurer  shall,  at  the  first  regular  meeting  in 
each  month,  render  an  account,  under  oath,  show¬ 
ing  the  state  of  the  treasury  at  the  date  of  such 
account,  the  condition  of  each  appropriation,  and  the 
balance  of  money  in  the  treasury.  He  shall  also  accom¬ 
pany  such  accounts  with  a  statement  of  all  moneys  re¬ 
ceived  into  the  treasury,  and  on  what  account,  together 
with  all  warrants  redeemed  and  paid  by  him;  which 
said  warrants,  with  any  and  all  vouchers  held  by  him, 
shall  be  delivered  to  the  clerk,  and  filed  with  his  said 
account  in  the  clerk’s  office  upon  the  day  of  such  settle¬ 
ment.  He  shall  return  all  warrants  paid  by  him 
stamped  or  marked  “paid.”  He  shall  keep  a  register 
of  all  warrants. 

Sec.  9.  Annual  statement.  The  city  treasurer 
shall  annually,  between  the  1st  and  10th  of  May, make 
out  and  file  with  the  city  clerk,  a  full  and  detailed  ac- 


REVISED  ORDINANCES. 


61 


count  of  all  the  receipts  and  expenditures  of  said  city, 
and  of  all  his  transactions  as  such  treasurer  during-  the 
preceding-  fiscal  year,  which  statement  shall  exhibit, 
under  separate  and  appropriate  heading's,  the  several 
accounts  with  the  several  funds  or  appropriations.  It 
shall  be  the  duty  of  the  clerk  to  submit  his  counter 
financial  report,  tog-ether  with  the  annual  report  of  the 
treasurer  aforesaid,  to  the  mayor  and  finance  commit¬ 
tee  of  the  city  council;  and  if  the  mayor  and  said  com¬ 
mittee  shall  be  satisfied  that  said  treasurer’s  report 
properly  exhibits  the  true  financial  condition  of  the  city 
they  shall  return  the  same  to  the  city  clerk,  who  shall 
cause  such  report  of  the  treasurer  to  be  published  in 
some  newspaper  published  in  the  city. 

Sec.  10.  Salary.  The  city  treasurer  shall  re¬ 
ceive  an  annual  salary  of  one  hundred  dollars  payable 
quarterly  in  lieu  of  all  other  compensation,  perquisite 
or  benefit  in  any  form  whatsoever. 


62 


REVISED  ORDINANCES. 


CHAPTER  VI. 

SUPERINTENDENT  OF  STREETS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 


Election — oath — bond. 

Charge  of  street  improvements. 
Enforce  ordinances,  etc. 

Clean  streets,  examine  sewers,  etc. 
Employ  laborers. 

Supervise  tapping-  mains. 

Purchase  implements,  etc. 

Keep  list  of  property. 

Account  of  expenditures. 

Monthly  report. 

Orders  for  work. 

Salary. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

*  % 

Section  1.  Election — oath — bond.  The  super¬ 
intendent  of  streets  shall  be  elected  annually;  he  shall 
hold  his  office  for  one  year, and  until  his  successor  shall 
be  duly  elected  and  qualified.  He  shall  before  entering 
upon  the  duties  of  his  office  take  the  oath  prescribed  by 
law  for  other  city  officers  and  shall  execute  a  bond  to 
the  city  of  Mendota  in  the  penal  sum  of  five  hundred 
dollars,  with  such  sureties  as  shall  be  approved  by  the 
city  council,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

Sec.  2.  Charg-e  of  street  improvements.  Said 
superintendent  shall  have  charge  of  the  improvement, 
repair  and  cleaning  of  all  streets,  crossings,  avenues, 
alleys  and  public  grounds  in  the  city,  and  shall  super¬ 
vise  the  construction  and  repair  of  all  sidewalks  there¬ 
in;  but  no  improvement  or  repairs,  except  such  as  may 


REVISED  ORDINANCES. 


63 


be  actually  necessary,  shall  be  made  by  him  without 
the  previous  order  of  the  city  council.  He  shall,  with¬ 
out  delay,  cause  all  breaks  in  any  street  or  alley, cross¬ 
ing-,  bridge,  culvert,  apron,  or  other  unsafe  place  to  be 
repaired,  and  report  the  cost  thereof  to  the  city  council 
for  allowance;  but  when  the  probable  cost  of  any  such 
repairs  shall  exceed  $25  the  same  shall  be  made  only 
with  the  concurrence  of  the  mayor  and  the  committee 
on  streets  and  alleys. 

Sec.  3.  Enforce  ordinances ,  orders ,  etc.  He 
shall  cause  all  ordinances  in  relation  to  the  streets, 
crossing's,  alleys,  sidewalks,  and  public  grounds  to  be 
enforced  (by  reporting-  all  violations  thereof  to  the 
mayor  or  city  marshal).  He  shall  carry  into  effect  all 
such  orders,  g-eneral  or  special,  as  he  may  receive  from 
the  city  council,  the  mayor  or  committee  on  streets  and 
alleys,  and  for  any  wilful  neglect  or  refusal  to  perform 
any  duty  required  of  him,  by  the  laws  or  ordinances  of 
said  city,  he  shall  be  liable  to  removal  from  office. 

Sec.  4.  Clean  streets ,  examine  sezuers ,  etc.  He 
shall,  annually,  in  the  spring  of  the  year,  cause  the 
streets,  crossings,  avenues,  alleys,  and  public  grounds 
to  be  cleaned,  and  the  gutters  opened,  and  shall,  as  far 
as  it  is  practicable,  keep  them  in  that  condition  during 
the  year.  He  shall,  from  time  to  time,  examine  the 
sewers,  culverts,  bridges,  cross-walks,  and  side-walks, 
and  report  the  condition  of  the  same  to  the  city  coun¬ 
cil,  and  recommend  such  improvements  or  repairs  as 
he  may  deem  necessary. 

Sec.  5.  Employ  laborers — keep  time.  He  may, 
by  the  authority  of  the  city  council,  employ  such  num¬ 
ber  of  laborers,  teams  and  wagons  as  shall  be  neces¬ 
sary  for  cleaning  and  repairing  the  streets  and  alleys, 
and  at  such  prices  as  shall  be  fixed  by  the  city 


i 


64 


REVISED  ORDINANCES. 


council,  not  exceeding  the  customary  rates  paid  by 
others  for  similar  labor  or  service.  He  shall  oversee 
and  direct  the  street  laborers  and  workmen,  and  require 
them  to  labor  faithfully,  and  shall  keep,  in  a  suitable 
book,  a  correct  account  of  their  time. 

Sec.  6.  Supervise  the  tapping  of  sewers .  He 
shall  supervise  all  connections  of  private  drains  or  sew¬ 
ers  with  the  public  sewers,  and  shall  see  that  the  same 
are  made  in  such  manner  that  no  injury  is  done  to  the 
public  sewers. 

Sec.  7.  Purchase  implements  and  7naterials  — 
mark  implements.  He  may  procure  the  necessary  im¬ 
plements  for  performing  street  labor,  or  materials  for 
bridges,  culverts,  and  cross-walks,  but  he  shall  pur¬ 
chase  no  implement  or  any  material  without  making  a 
written  requisition  to  the  chairman  of  the  committee 
on  streets  and  alleys,  and  obtaining  their  order  there¬ 
for;  and  when  he  shall  purchase  any  implements  or 
materials  for  the  use  of  the  corporation,  he  shall  report 
the  bill  thereof  to  the  city  council.  He  shall  cause  all 
implements  or  tools  belonging  to  the  city  to  be  legibly 
marked  or  branded  with  the  letters  “city,”  and  shall 
cause  them  to  be  properly  housed  or  protected  from 
the  weather  when  not  in  use. 

Sec.  8.  Keep  list  of  property — turn  over  to  suc¬ 
cessor.  It  shall  be  the  duty  of  the  superintendent  of 
streets  to  keep  a  correct  list  of  all  implements,  mate¬ 
rials,  and  all  the  property  of  the  city  in  his  charge  and 
possession;  and  upon  the  expiration  of  his  term  of  office, 
or  his  resignation  thereof,  or  removal  therefrom,  he 
shall  deliver  said  property  to  his  successor  in  office, 
taking  a  receipt  therefor,  which  he  shall  immediately 
file  with  the  city  clerk,  who  shall  credit  him  with  the 
same  and  charge  his  successor  therewith. 


REVISED  ORDINANCES. 


65 


Sec.  9.  Accomit  of  expenditures  —  examine 
accounts.  He  shall  keep  in  an  appropriate  book,  and 
in  such  manner  as  may  be  required  by  the  committee 
on  finance,  a  plain  and  accurate  account  of  all  expendi¬ 
tures  made  under  his  supervision,  specifying’  to  whom 
and  for  what  purpose  made.  He  shall  examine  all 
accounts  of  contractors  and  other  persons  for  work 
pertaining-  to  his  department,  or  for  implements  or 
materials  furnished  therefor,  and  if  correct,  shall  cer¬ 
tify  the  same  to  the  city  council  for  allowance. 

Sec.  10.  Monthly  report.  Said  superintendent 
shall,  on  the  first  Monday  of  each  and  every  month, 
report  to  the  city  council  in  writing’,  a  statement  of  all 
expenditures  under  his  supervision  during-  the  preced¬ 
ing-  month,  specifying-  the  purpose  of  such  expenditures 
and  the  different  wards  in  which  made,  and,  if  required, 
the  person  to  whom  made.  No  account  presented  or 
certified  by  him  shall  be  allowed,  or  warrants  issued 
thereon,  unless  it  shall  be  so  rendered  as  to  show  to 
what  account  or  ward  it  is  chargeable. 

Sec.  11.  Orders  for  work.  When  any  bridge, 
culvert,  cross-walk,  or  other  street  work,  to  be  done 
by  or  under  the  direction  of  the  street  superintendent, 
shall  be  ordered  by  the  city  council,  the  location  and 
manner  of  constructing  the  same,  shall  be  directed  in 
the  order. 

Sec.  12.  Salary .  The  superintendent  of  streets 
shall  receive  an  annual  salary  of  six  hundred 
dollars,  payable  in  monthly  installments,  and  the  fur¬ 
ther  sum  of  one  hundred  dollars  per  annum  ;  provided 
he  furnishes  a  horse  and  wagon,  to  be  used  by  him  in 
the  performance  of  his  duties  ^as  superintendent  of 
streets. 


66 


REVISED  ORDINANCES. 


CHAPTER  VII. 

CfTY  POUND-MASTER. 


Section  1. 

2. 

3. 


4. 

5. 


Office  created. 

Appointment — oath  — bond . 
Duties. 

Control  of  city  pound. 

Fees. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mcndota  : 


Section  1.  Office  created.  There  is  hereby  created 
the  office  of  pound -master  ;  he  shall  hold  his  office  for 
the  term  of  one  year,  and  until  his  successor  is  ap¬ 
pointed  and  qualified. 

Sec.  2.  Aff  ointment — oath — bond.  The  pound - 
master  shall  be  appointed  by  the  mayor,  by  and  with 
the  advice  and  consent  of  the  city  council,  on  the  first 
Monday  in  May,  1894,  or  as  soon  thereafter  as  may 
be,  and  annually  thereafter.  He  shall,  before  enter¬ 
ing-  upon  the  duties  of  his  office,  take  and  subscribe  to 
the  oath  prescribed  by  law  for  city  officers,  and  shall 
execute  a  bond  to  the  city  of  Mendota  in  the  penal 
sum  of  $500,  with  such  sureties  as  the  city  council  may 
approve,  for  the  faithful  performance  of  the  duties  of 
his  office. 

Sec.  3.  Duties.  It  is  hereby  made  the  special 
duty  of  the  pound-master  to  strictly  enforce  and  carry 
out  the  provisions  of  all  ordinances  of  the  city  of  Men¬ 
dota,  relating-  to  the  running-  at  larg-e  of  animals. 

Sec.  4.  Control  of  city  found.  The  pound- 
master  shall  have  and  take  the  general  management 


REVISED  ORDINANCES. 


67 


and  control  of  the  city  pound,  or  such  other  place  or 
places  as  may  be  provided  by  the  city  council  for  the 
impounding-  of  animals. 

Sec.  5.  Fees.  The  pound-master  shall  be 
allowed  to  charge  and  receive  for  the  impounding*  of 
animals  found  running*  at  larg*e,  contrary  to  the  ordin¬ 
ances  of  said  city,  the  following*  fees,  to  be  paid  by 
the  owner  or  owners  of  the  animals  so  impounded, 
viz  :  For  taking*  up  each  animal  of  the  species  of 
horse,  mule,  ass, or  cattle,  one  dollar;  for  taking*  care  of 
the  same,  exclusive  of  the  amount  necessarily  ex¬ 
pended  by  him,  twenty-five  cents  per  day  ;  for 
taking*  up  each  animal  of  the  species  of  hog*,  sheep  or 
g*oat,  fifty  cents  ;  for  taking*  care  of  the  same,  exclu¬ 
sive  of  the  amount  necessarily  expended  by  him  for 
necessary  food,  ten  cents  per  day;  for  serving*  each 
notice  on  the  owner,  or  publishing*  in  a  newspaper,  ex¬ 
clusive  of  the  printer’s  fees,  twenty-five  cents  ;  for 
posting*  entries  of  sale,  one  dollar  ;  for  selling*  each 
animal,  or  animals,  ten  per  cent  on  the  amount  of  sale 
of  twenty  dollars  or  under,  and  five  per  cent  on  sales 

over  twentv  dollars. 

%/ 


68 


REVISED  ORDINANCES. 


CHAPTER  VIII. 


CITY  SURVEYOR. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 


Office  created — term. 

Appointment. 

Oath — bond. 

Submit  estimate  and  specifications. 

To  establish  grades  and  boundaries. 

Furnish  grades— make  surveys. 

Plats — surveys  of  sewers  and  water  mains. 
%> 

Salary. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Office  created — term.  There  is  hereby 
created  the  office  of  city  surveyor  of  the  citvof  Mendo¬ 
ta.  He  shall  hold  his  office  for  the  term  of  one  year, 
and  until  his  successor  shall  be  appointed  and  qualified. 

Sec.  2.  Appointment.  The  city  surveyor  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Monday  in  May 
in  each  year,  or  as  soon  thereafter  as  may  be,  and  an¬ 
nually  thereafter. 

Sec  3.  Oath — bond.  He  shall,  before  entering* 
upon  the  duties  of  his  office,  take  and  subscribe  to  the 
oath  prescribed  by  law  for  city  officers,  and  shall  exe¬ 
cute  a  bond  to  the  city  of  Mendota  in  the  penal  sum  of 
five  hundred  dollars,  with  sureties  to  be  approved  by 
the  city  council,  conditioned  for  the  faithful  perform¬ 
ance  of  the  duties  of  his  office. 

Sec.  4.  Submit  estimates  and  specifications . 
The  city  surveyor  shall  devote  so  much  of  his  time  to 
the  discharge  of  the  duties  of  his  office  as  a  faithful 
performance  thereof  may  require. 


REVISED  ORDINANCES. 


69 


SEC,  5.  To  establish  grades  and  boundaries. 
He  shall,  when  required  by  the  city  council,  or  the 
committee  on  streets  and  alleys  thereof,  make  a  survey 
of  the  grade  or  boundary  of  any  street,  avenue  or  alley 
of  said  city,  and  prepare  a  plat  or  profile  thereof,  and 
report  the  same  to  the  city  council;  and  no  such  survey 
of  grade  or  boundary  shall  be  deemed  established  or 
valid  until  the  plat  or  profile  thereof  shall  be  approved 
by  the  city  council.  Any  plat,  profile,  or  other  paper 
belonging’  to  the  office  of  the  city  surveyor  shall  be  re¬ 
turned  to  him  by  the  clerk  as  soon  as  the  city  council 
shall  have  no  further  use  for  the  same. 

Sec.  6.  Furnish  grades — make  surveys.  He  shall, 
without  charge,  gave  or  mark  the  grade  of  any  street 
or  alley,  where  established,  at  the  request  of  any  person 
desiring*  to  erect  any  building*  or  enclosure,  or  to  lay  any 
sidewalk  thereon.  He  shall  make  all  surveys  within  and 
for  said  city  that  he  may  be  called  upon  to  make. 

Sec.  7.  Plats — surveys  of  sezuers  aiid  water 
mains.  Said  surveyor  shall  keep  in  his  office  plats  of 
all  grades  or  boundaries  of  streets  and  alleys  estab¬ 
lished  by  the  city  council,  correcting*  the  same  when 
any  grade  shall  be  changed,  and  adding  thereto-  when 
any  new  grade  or  boundary  shall  be  established.  He 
shall  also  keep  correct  surveys  of  all  public  sewers  and 
water  mains  within  the  city,  showing*  the  location, 
leng*th  and  dimensions  of  the  same  respectively.  He 
shall  record  in  a  suitable  book,  to  be  provided  by  the 
city,  the  profiles  of  all  surveys  of  grades  and  bound¬ 
aries  established,  and  preserve  the  orig*inal  papers  re¬ 
lating  thereto,  and  shall  otherwise  keep  a  systematic 
record  of  all  the  transactions  pertaining  to  his  office. 

Sec.  8.  Salary.  He  shall  receive  as  compensation 
for  his  services  five  dollars  per  day  for  each  day 
necessarily  employed. 


70 


REVISED  ORDINANCES. 


CHAPTER  IX. 


CITY  PRINTER. 


Section  1. 

2. 

3. 

4. 

5. 


Office  created. 
Appointment. 
Oath — bond. 
Duties. 

Salary. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Office  created — term .  There  is  here¬ 
by  created  the  office  of  city  printer.  He  shall  hold  his 
office  for  the  term  of  one  year,  and  until  his  successor 
be  appointed  and  qualified. 

Sec.  2.  ointment.  The  city  printer  shall  be 

appointed  by  the  mayor,  by  and  with  the  advice  and  con¬ 
sent  of  the  city  council,  on  the  first  Monday  in  May  of 
each  year. 

Sec.  3.  Oath — bond.  Before  entering-  upon  the 
duties  of  his  office,  the  city  printer  shall  take  the  oath 
prescribed  by  law  for  city  officers,  and  shall  execute  a 
bond  to  the  city  of  Mendota,  in  the  penal  sum  of  five 
hundred  dollars,  with  such  sureties  as  shall  be  ap¬ 
proved  by  the  city  council,  for  the  faithfitL  performance 
of  the  duties  of  his  office. 

Sec.  4.  Duties.  It  shall  be  the  duty  of  the  city 
printer  to  publish  in  a  newspaper,  published  in  the  city 
of  Mendota,  and  printed  in  the  English  language,  all 
the  proceedings  of  the  cit}T  council,  and  all  of  the  ordin¬ 
ances  passed  by  the  city  council,  and  all  of  those  mat¬ 
ters  and  things  required  by  law,  or  any  ordinance  of 
the  city  to  be  published  in  a  newspaper. 

Sec.  5.  Salary.  The  city  printer  shall  receive 
an  annual  salary  of  one  hundred  dollars,  payable 
quarterly. 


REVISED  ORDINANCES. 


71 


Section  1. 

2. 

8. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 


.  CHAPTER  X. 

ART.  I — ANIMALS. 

Running-  at  larg-e  of  animals  prohibited — penalty. 
Animals  to  be  impounded. 

Private  citizen  may  impound. 

Care  of  animals  impounded — fees. 

Pound  master  to  file  complaint— warrant. 

Complaint  against  unknown  owner — notice. 

Posting-  up  notices. 

Docketing-  case — trial. 

Order  of  sale — execution — return. 

Posting-  notices. 

Redemption — sale — postponement. 

Paying-  money  to  magistrate— redemption  by  owner. 
Breaking  open  pound — resisting  pound-master-penalty. 
Power  conferred  on  pound-master. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 


ART.  II — DOGS. 

Tax  imposed  — register  kept. 

Metal  badges  provided. 

Owner  of  unlicensed  dog  to  be  fined. 

Dogs  without  badge  to  be  killed. 

Marshal  to  procure  list  of  owners. 

Penalty  for  interfering  with  officer. 

Vicious  dogs  not  to  run  at  large. 

Dog  known  to  be  savage. 

Term  dog  defined. 

Female  dog  not  to  run  at  large  while  in  heat — penalty. 
Dog  howling  at  night,  etc. 

Mayor  may  order  dogs  muzzled — when. 

Repeal. 

ARTICLE  I. 


Impounding  and  sale  of. 

lie  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 


SECTION  1.  Running  at  larg-e  of  animals  pro¬ 
hibited — penalty .  It  shall  be  unlawful  for  any  domes¬ 
tic  animal  of  the  species  of  horse,  mule,  cow,  cattle, 
sheep,  swine,  or  goat  to  run  or  go  at  large  at  any  time 


n 


REVISED  ORDINANCES. 


within  the  corporate  limits  of  the  city  of  Mendota,  and 
any  person,  being-  the  owner,  possessor  or  keeper  of 
any  such  animal  or  animals,  who  shall  suffer  or  permit 
the  same  to  run  or  go  at  large  in  the  said  city  of  Men¬ 
dota,  in  violation  of  this  section,  shall  be  subjected  to 
a  penalty  of  not  less  than  one  dollar  nor  more  than  ten 
dollars  for  each  offense,  together  with  the  fees  for  im¬ 
pounding,  and  the  expense  of  sustenance  for  such  ani¬ 
mal  or  animals  when  impounded  as  hereinafter  pro¬ 
vided.  The  fastening  or  securing  in  anv  manner  of  any 
of  the  above-mentioned  animals  to  stake,  tree,  or  other 
object  upon  any  street,  park,  common,  or  public  ground, 
shall  be  deemed  a  running  at  large  under  this  ordinance. 

Sec.  2  Animals  to  be  impounded.  It  is  hereby 
made  the  duty  of  the  pound-master,  and  of  the  several 
members  of  the  police  force  of  said  city,  to  take  up  any 
and  every  animal  aforesaid  known  by  him  or  them  to  be 
unlawfully  at  large,  contrary  to  the  provisions  of  this 
ordinance,  and  to  confine  the  same  in  the  city  pound  or 
such  other  place  as  may  be  provided  for  that  purpose. 

Sec.  3.  Private  citizen  may  impound .  Any  per¬ 
son  inconvenienced  or  injured,  or  who  may  be  in  danger 
of  being  injured,  either  in  his  person  or  property,  by 
reason  of  the  unlawful  running  at  large  in  the  city  of 
any  animal  hereinbefore  mentioned,  may  take  and  drive 
such  animal  to  the  city  pound,  and  it  shall  be  the  duty 
of  the  pound-keeper  to  receive  and  impound  the  same. 

Sec.  4.  Care  of  animals  impounded — fees.  The 
pound-master  shall  provide  suitable  and  necessary  food 
and  drink  for  all  such  animals  as  may  be  taken  up  and 
impounded  during  the  time  they  may  be  so  impounded; 
and  the  cost  of  such  sustenance  together  with  the  law¬ 
ful  fees  for  taking  up  and  impounding,  shall  be  paid 
before  any  such  animal  shall  be  released  from  the  pound. 


REVISED  ORDINANCES. 


73 


Sec.  5.  Pound-master  to  file  complaint — ivarrant. 
When  any  animal  or  animals  shall  have  been  impounded 
as  aforesaid  and  the  owner  or  person  entitled  to  the 
possession  of  the  same  shall  fail  to  appear  within  24 
hours  after  impounding-,  and  pay  the  fees  and  charges 
required  for  their  redemption,  it  shall  be  the  duty  of 
the  pound-master  to  make  complaint  in  writing  before 
the  police  magistrate,  or  any  justice  of  the  peace  of  the 
city  giving  a  general  description  of  the  animal  or  ani¬ 
mals  impounded  and  the  name  of  the  owner  thereof  if 
known  to  the  complainant;  and  thereupon  the  magis¬ 
trate,  or  justice  shall  issue  a  warrant  against  the  owner 
or  keeper  of  such  animal  or  animals,  for  permitting  the 
same  to  run  at  large  in  violation  of  the  provisions  of  this 
ordinance;  and  upon  the  return  of  the  warrant  duly 
executed,  or  the  defendant  appearing  in  court,  like  pro¬ 
ceedings  shall  be  had  as  in  other  cases,  for  the  recovery 
of  fines  or  penalties  under  the  ordinances;  and  if  the 
defendant  is  found  guilty  judgment  shall  be  rendered 
against  him  for  the  penalty,  impounding  fee,  cost  of 
sustenance,  and  costs  of  suit,  and  an  order  shall  be 
entered  that  such  animal,  or  animals,  be  sold  to  satisfy 
said  judgment  and  costs,  unless  the  same  be  forthwith 
paid. 

Sec.  6.  Complaint  against  unknown  owner — notice. 
When  the  owner  of  any  animal  impounded  is  unknown, 
complaint  shall  be  made  in  like  manner  as  provided  in 
the  last  section  hereof,  against  the  “unknown  owner’’ 
of  such  animal,  describing  the  same;  and  thereupon  the 
magistrate  before  whom  such  complaint  is  made  shall 
issue  a  notice  in  substance  as  follows: 

Pound  Notice. 

Whereas,  Complaint  has  this  day  been  made  before  me  that 
the  unknown  owner  of  the  following  described  animal  to  wit: . 


74 


REVISED  ORDINANCES. 


. impounded  at .  ,  on  the ....  day  of . 18  ... , 

has  permitted  the  same  to  run  at  large, contrary  to  the  provisions  of 
a  certain  ordinance  in  relation  to  the  running  at  large  of  domestic 
animals  of  the  revised  ordinances  of  the  City  of  Mendota. 

Now,  therefore,  notice  is  hereby  given,  that  a  trial  will  be  had 
upon  the  said  complaint  at  my  office  in  the  City  of  Mendota,  on  the 

. .  .  .day  of . ,18  ... ,  at  the  hour  of . .  .  . ,  when  and  where  said 

unknown  owner,  or  other  person  interested  therein,  may  appear  and 
defend,  if  he  shall  see  fit  to  do  so.  Witness  my  hand  and  seal  this 
....  day  of  .  .  . ,  18  .  .  .  . ,  J.  P. 

Sec.  7.  Posting  up  notices.  The  day  named  in 
said  notice  for  trial  shall  not  be  less  than  five  nor  more 
than  fifteen  days  from  the  issue  of  the  same;  and  it 
shall  be  the  duty  of  said  pound-master,  or  some  mem¬ 
ber  of  the  police  force,  to  forthwith  post  three  copies 
of  said  notice,  to  wit:  one  at  the  pound,  or  place  where 
such  animal  is  impounded,  one  at  the  postoffice,  and 
one  at  the  office  of  the  magistrate  issuing  the  notice, 
and  to  make  due  return  thereof,  showing  the  time  and 
manner  of  said  posting. 

Sec.  8.  Docketing"  case — trial.  The  justice  or 
police  magistrate  issuing  said  notice,  shall  enter  upon 
his  docket  as  follows :  City  of  Mendota  vs.  the 
unknown  owner  of,  (here  describe  the  animal);  and 
upon  the  day  set  for  trial,  and  the  return  of  the  notice 
executed  as  prescribed  in  the  last  preceding  section, 
like  proceedings  shall  be  had  as  in  case  of  personal 
service  or  appearance. 

Sec.  9.  Order  of  sale — execution — return.  Upon 
the  rendition  of  any  judgment,  under  the  provisions  of 
this  ordinance,  the  magistrate  rendering  the  same 
shall  issue  to  the  pound-master  an  order  of  sale,  which 
shall  be  substantially  in  the  following  form,  to-wit : 


REVISED  ORDINANCES. 


75 


The  People  of  the  State  of  Illinois, 
LaSalle  County ,  City  of  Mendota. 


ss. 


To . Pound-master  :  We  command 

you,  that  of  the  following-  g-oods  and  chattels,  to-wit  :  (Here 

describe  the  animal)  the  property  of . • . .  you 

make  the  sum  of  . dollars  and  . cents  debt,  and  . 

dollars  and . cents  costs,  which  the  city  of  Mendota  lately 

recovered  ag-ainstthe  said . .  and  hereof  make 

due  return  in  what  manner  you  execute  the  same. 

Given  under  my  hand  and  seal,  this . day  of' . 

A.  D.  18..  . J.  P.  [seal] 


Which  order  .shall  be  returned  by  said  pound-master 
within  thirty  days  from  its  date  to  the  justice  or 
magistrate  issuing  the  same,  with  an  endorsement 
thereon,  showing  when  and  how  the  same  was  ex¬ 
ecuted. 

Sec.  10.  Posting  notices .  Upon  the  receipt  of 
such  order,  said  pound-master  shall  immediately  post, 
or  cause  to  be  posted,  three  public  notices,  in  like  pub¬ 
lic  places  within  said  city,  as  is  provided  in  section  7 
of  this  ordinance,  which  notice  may  be  in  substance  as 
follows  : 

Pound  Notice. 

Taken  up  and  impounded  in  the  city  pound  of  the  City  of  Men¬ 
dota,  the  following-  described  animal  (or  animals):  [Here  insert 

description] . . . which  said  animal,  or  animals, 

unless  redeemed,  will  be  sold  at  public  auction,  for  cash,  to  the 

highest  bidder,  at  said  pound,  at  the  hour  of . o’clock 

...  .M.,  on  the . day  of . .  A.  D.  18  ...  . 

. Pound-master. 

Sec.  11.  Redemption — sale — postponement.  The 
day  of  sale  mentioned  in  said  notice  shall  not  be  less 
than  five  nor  more  than  fifteen  days  from  the  posting 
of  the  same.  Any  owner  of  any  such  animal  or  ani¬ 
mals  may  redeem  the  same  before  sale  by  paying  to  the 


76 


REVISED  ORDINANCES. 


A 


pound  master,  magistrate,  or  justice  before  whom  such 
case  is  pending  the  amount  of  fine,  fees,  and  costs  and 
expenses;  but  if  the  same  is  not  redeemed  before  the 
hour  set  for  sale,  the  pound-master  shall  proceed  to  sell 
such  animal  or  animals  in  accordance  with  said  order 
and  notice,  and  all  animals  belonging  to  different  owners 
shall  be  sold  separately :  Provided ,  said  pound-master 
may,  for  the  want  of  bidders,  or  for  other  good  cause, 
adjourn  any  such  sale  from  day  to  day  until  the  same 
shall  be  completed. 

Sec.  12.  Paying  money  to  justice  or  magistrate — 
redemption  by  ozvner.  The  pound  master,  immediately 
after  he  shall  have  received  any  money  from  the  owner 
of  any  animal  or  animals  so  impounded  by  him  or  from 
the  sale  thereof,  shall  pay  the  same  over  to  the  justice  or 
magistrate  before  whom  such  case  is  pending,  less  the 
amount  of  his  fees  and  expenses,  and  such  magistrate 
shall  pay  the  fine  and  all  the  surplus  of  any  such  sale, 
after  deducting  all  the  court  costs  and  expenses,  into 
the  city  treasury  in  the  same  manner  and  at  the  same 
time  as  is  required  of  him  to  pay  money  arising  from 
other  fines:  Provided ,  that  if  any  owner  of  any  such 
animal  sold  as  aforesaid  shall  apply  and  prove  the 
ownership  thereof  to  the  satisfaction  of  such  magis¬ 
trate,  before  he  pays  such  surplus  into  the  treasury, 
such  surplus  shall  be  paid  to  such  applicant  and  a  re¬ 
ceipt  taken  therefor.  And  when  any  of  such  surplus 
proceeds  have  been  paid  into  the  city  treasury,  the 
owner  of  any  such  animal  shall  be  entitled  to  receive 
the  same  upon  presentation  to  the  city  council  of  satis¬ 
factory  proof  of  his  ownership  of  such  animal  and  a 
certificate  of  the  magistrate  of  the  amount  of  the  same. 

Sec.  13.  Breakhig  open  pound — resisting  pound- 
master — penalty .  Whoever  shall  break  open  any  city 


REVISED  ORDINANCES. 


pound,  or  shall  take  or  attempt  to  take  therefrom  any 
impounded  animal,  without  the  consent  of  the  pound- 
master;  or  whoever  shall  resist,  obstruct,  hinder  or  de¬ 
lay  the  pound-master  or  any  of  his  assistants  while 
taking  or  driving  to  the  city  pound  or  other  place  pro¬ 
vided  for  the  detention  of  animals  found  running  at 
large,  any  animal  found  unlawfully  at  large,  within 
said  city;  or  who  shall  in  any  manner  attempt  to  pre¬ 
vent  the  impounding  of  such  animal,  shall,  upon  con¬ 
viction,  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

Sec.  14.  Power  conferred  on  'pound-master. 
Power  and  authority  is  hereby  conferred  upon  the 
pound-master  to  execute  all  orders,  make  all  sales  and 
serve  and  post  all  notices  required  or  provided  for  by 
the  provisions  of  this  ordinance, 

article  ii. 

Days. 

Section  1.  Tax  imposed — register  kept.  No 
person  shall  be  permitted  to  have  or  keep  in  his  or  her 
possession,  within  the  limits *of  this  city,  any  dog,  un¬ 
less  the  owner  or  possessor  thereof  shall  place  or  cause 
to  be  placed  upon  the  neck  of  such  dog  a  collar  having 
a  metallic  plate  securely  fixed  thereto  (such  plate  to 
be  provided  by  the -city  marshal),  and  the  owner  or 
possessor  of  such  dog  shall  give  his  name  and  a  des¬ 
cription  of  such  dog  to  the  city  marshal,  and  it  shall 
be  the  duty  of  the  marshal  to  register  the  same  in  a 
book  kept  for  that  purpose;  and  the  owner  or  posses¬ 
sor  of  any  such  dog  shall,  annually,  and  within  thirty 
days  from  the  first  day  of  May  in  each  and  every  year, 
pay  to  the  city  marshal  3.  tax  of  fifty  cents  for  each 


78 


REVISED  ORDINANCES. 


and  every  such  dog",  and  the  additional  fee  of  twenty- 
five  cents  for  registering-  the  same,  such  tax  to  be  paid 
by  the  city  marshal  to  the  city  treasurer  and  a  receipt 
taken  therefor. 

Sec.  2.  Metallic  badges  provided.  The  city 
marshal  shall  provide,  each  and  every  year,  such  num¬ 
ber  of  metal  badges  as  may  be  necessary,  of  such  size 
and  shape  as  he  shall  deem  expedient,  having  stamped 
thereon  the  letters  “M.  D.  T.”  and  the  numbers  indi¬ 
cating  the  year  for  which  the  tax  was  paid,  and  it  shall 
be  the  duty  of  the  marshal  to  deliver  one  of  such  metal 
badges  to  every  person  so  paying  a  tax  upon  such  dog 
at  the  time  of  such  payment. 

SEC.  3.  Owner  of  unlicensed  dog  to  be  fined. 
Every  owner,  possessor,  or  person  who  shall  harbor 
or  keep  any  dog  within  the  city,  who  neglects  or  re¬ 
fuses  to  comply  with  the  requirements  of  this  ordi¬ 
nance,  shall  be  fined  not  to  exceed  ten  dollars  for  each 
offense. 

Sec.  4.  Dogs  without  badge  to  be  killed.  It 
shall  be  the  duty  of  the  city  marshal  and  the  various 
members  of  the  police  force  of  said  city  to  make  inquiry 
for  and  cause  to  be  prosecuted  every  owner  or  posses¬ 
sor  of  any  such  dog  as  herein  required,  and  all  dogs 
found  running  at  large,  wearing  no  badge,  shall  be  slain 
by  the  city  marshal  or  other  police  officer,  and  removed 
and  buried. 

Sec.  5.  Marshal  to  procure  list  of  owners.  The 
marshal  shall,  from  time  to  time,  examine  the 
township  assessor’s  books  and  make  a  copy  or  memor- 
randum  therefrom  of  all  dogs  kept  in  the  city  and  not 
on  the  city  register,  and  use  such  other  means  as  will 
enable  him  to  procure  a  list  of  all  owners  or  keepers  of 


REVISED  ORDINANCES. 


79 


dog's  in  the  city  upon  which  a  tax  is  hereby  required  to 
be  paid. 

Sec.  6.  Penalty  for  interfering  with  officer.  No 
person  shall  in  any  manner  prevent,  or  attempt  to  pre¬ 
vent,  the  city  marshal  or  any  other  police  officer  from 
performing-  any  duty  required  by  this  ordinance;  and 
every  person  so  offending-  shall  be  fined  in  a  sum  not 
less  than  three  nor  more  than  twenty  dollars  for  each 
offense. 

Sec.  7.  Vicious  dog's  not  to  run  at  large.  Who¬ 
ever,  being-  the  owner  or  possessor  of  any  vicious,  sav- 
ag-e,  or  ferocious  dog*,  shall  suffer  or  permit  such  dog 
to  run  at  larg-e  within  the  limits  of  this  city,  or  who 
shall  suffer  or  permit  such  dog-  to  enter,  g-o  upon,  or 
be  found  upon  any  street,  alley,  commons,  or  the  prem¬ 
ises  of  any  other  than  the  premises  of  the  owner  or 
possessor  of  such  dog-,  shall  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 

Sec.  8.  Dog  knozvn  to  be  savage.  Whoever, 
being-  the  owner  or  possessor  of  any  dog-,  shall  suffer 
or  permit  such  dog-  to  run  at  large  within  the  city  of 
Mendota,  or  who  shall  suffer,  permit  or  allow  such 
dog  to  enter,  go  upon,  or  be  found  upon  any  street, 
alley,  or  commons,  after  such  owner  or  possessor  of 
such  dog  shall  have  learned,  or  shall  have  been  in¬ 
formed,  that  such  dog  has  bitten,  or  attempted  to  bite, 
or  has  attacked,  or  has  attempted  to  attack,  any  person, 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than 
two  hundred  dollars  for  each  offence. 

Sec.  9.  Term  “dog"  defined ,  The  word  “dog,” 
wherever  used  in  this  ordinance,  shall  be  deemed  to 
include  every  animal  of  the  caniae  species,  female  as 
well  as  male. 


80 


REVISED  ORDINANCES. 


Sec.  10.  Female  dog  not  to  mm  at  large  while  in 
heat — ; penalty .  It  shall  be  unlawful  for  any  bitch,  or 
female  dog  to  run  at  large  within  said  city  while  in 
heat,  and  whoever  shall  suffer,  or  permit,  any  bitch,  or 
female  dog,  owned  or  controlled  by  him,  her,  or  them, 
or  under  his,  her,  or  their  control,  to  run  at  large, 
while  in  heat,  in  the  city  limits,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  twenty-five  dollars 
for  each  and  eyery  offense. 

Sec.  11.  Dogs  howling  at  night.  Whoever 
keeps,  or  allows  upon  his  premises  in  the  night  time 
any  dog,  bitch  or  whelp  that  disturbs  any  person,  or 
barks  or  howls  to  the  annoyance  of  any  person,  shall 
forfeit  and  pay  to  the  city  of  Mendota  a  fine  of  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars 
for  each  and  every  offense. 

Sec.  12.  Mayor  may  order  dogs  muzzled — 
when.  It  shall  and  may  be  lawful  for  the  mayor  of 
the  city  of  Mendota,  to  publish  in  a  newspaper  pub¬ 
lished  in  said  city,  or  by  causing  the  same  to  be  posted 
in  at  least  three  public  places  in  said  city,  a  notice  for¬ 
bidding  the  running  at  large  of  any  dog  within  the 
corporate  limits  of  said  city,  at  any  period  of  the  year, 
whenever,  in  his  opinion,  the  public  safety  is  in  danger 
from  such  cause,  unless  such  dog  be  securely  muzzled  ; 
and  said  prohibition  shall  continue  so  long  as  the  pub¬ 
lic  safety,  in  the  opinion  of  the  mayor,  may  require, 
and  shall  remain  in  force  until  the  mayor  gives  public 
notice  of  the  discontinuance.  That  every  dog,  running 
at  large,  contrary  to  the  provisions  of  this  section,  and 
not  wearing  a  collar  aid  tag,  as  provided  in  section  1, 
shall  be  killed  by,  or  under  the  direction  of  the  city 
marshal.  Whoever  shall  suffer  any  dog  owned  or  pos¬ 
sessed  by  him,  her,  or  them,  or  under  his,  her,  or 


REVISED  ORDINANCES. 


81 


their  control,  to  run  at  largfe  within  said  city,  contrary 
to  the  provisions  of  this  section,  after  notice  shall  have 
been  posted,  or  published,  as  aforesaid,  shall  be  fined 
not  less  than  three,  nor  more  than  fifty  dollars,  for 
each  any  every  offence. 

Sec.  13.  Repeal.  All  ordinances,  or  parts  of 
ordinances,  in  conflict  with  this  ordinance,  are  hereby 
repealed. 


CHAPTER  XI. 

CEASSIFIC ATION  OF  EXPENDITURES. 

Section  1.  Fee  and  salary  fund. 

2.  Street  and  alley  fund. 

3.  Repairing  city  buildings  and  public  grounds  fund. 

4.  Health  fund. 

5.  Fire  department  fund. 

6.  Gas  and  light  fund. 

7.  Sewer  pipe  and  tile  fund. 

8.  *  Water  works  fund. 

9.  Macadamizing  street  fund. 

10.  Bonded  indebtedness  fund. 

11.  Library  fund. 

12.  Contingent  fund. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

That  the  fees  and  salaries  of  the  various  officers  of 
the  city  of  Mendota  and  all  other  items  of  corporate 
expenditures  incurred  and  paid  by  the  said  city  shall 
be  classified  as  follows: 

Section  1.  Fee  and  salary  fund.  The  fees  and 
salaries  of  all  persons  who  are  no w,or  shall  hereafter  be, 
entitled  to  any  compensation  from  said  city,  by  virtue  of 
their  election  to  any  office  in  said  city,  and  all  persons 
who  are  now,  or  shall  hereafter,  be  entitled  to  compen¬ 
sation  from  said  city,  by  yirtueof  their  appointment  to 


82 


REVISED  ORDINANCES. 


any  office  or  position  in  said  city,  shall  be  known  and 
designated  and  constitute  the  “Fee  and  Salary  Fund.” 
All  moneys  paid  to  any  of  the  persons  enumerated 
in  this  section  for  the  purposes  mentioned  in  this  sec¬ 
tion,  shall  be  charged  to  and  entered  under  the  head 
of  “Fee  and  Salary  Fund;”  and  all  accounts  kept 
with  the  various  officers  of  said  city,  for  and  on  account 
of  any  of  the  purposes  mentioned  in  this  section  shall 
be  kept  and  entered  under  the  head  of  “Fee  and  Salary 
Fund.” 

Sec.  2.  Street  and  alley  fund.  The  expenses 
incurred  and  paid  by  the  city  for  cleaning,  construct¬ 
ing,  and  repairing  streets,  sidewalks,  alleys,  gutters, 
cess-pools,  sluice-ways,  crossings,  bridges,  and  cul¬ 
verts,  and  all  materials  purchased  for  such  purposes 
shall  be  known  and  designated  as,  and  shall  constitute 
the  “Street  and  Alley  Fund”.  All  moneys  paid  out  or 
expended  for  or  on  account  of  the  purposes  mentioned 
in  this  section, shall  be  charged  to  and  entered  under  the 
head  of  “Street  and  Alley  Fund;”  and  all  accounts 
kept  with  the  various  officers  of  said  city,  for  or  on  ac¬ 
count  of  the  various  purposes  mentioned  in  this  section 
shall  be  kept  and  entered  under  the  head  of  “Street 
and  Alley  Fund.” 

Sec.  3.  Repairing  city  building  fund .  All  ex¬ 
penses  incurred  and  paid  by  the  city  for  repairing  and 
improving  city  building  and  public  grounds,  and  all 
materials  purchased  for  the  same,  shall  be  known  and 
designated  as  “Repairing  City  Building  Fund.”  All 
moneys  paid,  or  expenses  incurred,  for  the  purpose  men¬ 
tioned  in  this  section,  shall  be  charged  and  entered  un¬ 
der  the  head  of  “Repairing  City  Building  Fund.” 

Sec.  4  Health  fund.  All  expenses  incurred  and 
paid  by  or  on  behalf  of  the  city  for  abating  nuisances, 


REVISED  ORDINANCES. 


83 


removing'  offal,  dead  animals,  and  all  matters  pertain¬ 
ing-  to  the  Health  Department  shall  be  known  and  des¬ 
ignated  as  and  shall  constitute  the  “Health  Fund;”  all 
moneys  paid  out  or  expended  on  account  of  the  purposes 
mentioned  in  this  section,  shall  be  charged  to  and  en¬ 
tered  under  the  head  of:  the  “Health  Fund.” 

Sec.  5,  Fire  department  fund .  All  expenses  in¬ 
curred  and  paid  by  or  on  behalf  of  the  city  for  main¬ 
taining-  fire  department,  the  construction  of  engine- 
house,  fuel  for  eng-ine  house,  all  repairs  for  engine, 
hose,  and  fire  apparatus  of  every  kind,  and  all  other 
incidental  expenses  incurred  or  expended  in  and  about 
the  fire  department  of  the  city,  shall  be  known  and  des¬ 
ignated  as  the  “Fire  Department  Fund.” 

SEC.  6.  Gas  and  light  fund.  The  expenses 
incurred  and  paid  by,  or  on  behalf  of  the  city,  for 
erecting-  and  installing-  all  dynamos  and  electric  light 
apparatus,  maintaining,  repairing  and  lighting  all 
street  lamps,  and  all  other  lights  used  by  the  city 
shall  be  known  and  designated  as,  and  shall  consti¬ 
tute  the  “Gas  and  Fight  Fund;’’  all  moneys  paid 
out  for,  or  on  account  of  any  of  the  purposes  men¬ 
tioned  in  this  section,  shall  be  kept  and  entered  under 
the  head  of  “Gas  and  Light  Fund.” 

Sec.  7.  Sezuer  pipe  and  tile  fund.  All  expenses 
paid  or  incurred  on  behalf  of  the  city  for  constructing 
or  repairing  sewers,  drains,  tile-drains,  tunnels,  or 
materials  for  the  same  shall  be  known  and  designated 
as,  and  shall  constitute  the  “  Sewer-pipe  and  Tile 
Fund;’’  all  moneys  paid  out  for  or  an  account  of  any 
of  the  purposes  mentioned  in  this  section,  shall  be 
kept  and  entered  under  the  head  of  the  “Sewer-pipe 
and  Tile  Fund.” 


84 


REVISED  ORDINANCES. 


Sec.  8.  Waterworks  fund .  All  expenses  incurred 
and  paid  by  or  on  behalf  of  the  city,  for  constructing’, 
maintaining’,  and  repairing-  the  waterworks,  and  all 
material  for  the  same,  shall  be  known  and  designated 
as  the  “Waterworks  Fund;’’  and  all  moneys  paid 
out  for,  or  on  account  of  any  of  the  purposes  mentioned 
in  this  section,  shall  be  known  and  designated  as  the 
“Waterworks  Fund. 

Sec.  9.  Macadamizing"  streets  fwid.  The  ex¬ 
penses  incurred  and  paid  by  and  on  behalf  of  the  city,  for 
macadamizing  the  streets  and  alleys, shall  be  known  and 
designated  as  the  “Macadamizing  Street  Fund;”  and 
all  moneys  paid  out  on  account  of  any  of  the  purposes 
mentioned  in  this  section,  shall  be  kept  and  entered 
under  the  head  of  the  “  Macadamizing  Street  Fund.” 

Sec.  10.  Bonded  indebtedness  fund.  All  moneys 
paid  by  or  on  behalf  of  the  city, for  bonded  indebtedness, 
or  the  interest  thereon,  shall  be  known  and  designated 
as  the  “Bonded  Indebtedness  Fund;”  all  moneys 
paid  out  for,  or  on  account  of  any  of  the  purposes  men¬ 
tioned  in  this  section,  shall  be  kept  and  entered  under 
the  head  of  “Bonded  Indebtedness  Fund,” 

Sec.  11.  Library  fund.  All  moneys  paid  out  by 
or  on  behalf  of  the  city  of  Mendota,  for  repairs  of  the 
library  building,  purchase  and  repairing  of  books,  ma¬ 
terial  and  fixtures,  in  and  about  said  library  building, 
shall  be  known  and  designated  as  the  “Library 
Fund;”  all  moneys  paid  out  on  account  of  any  of  the 
purposes  mentioned  in  this  section,  shall  be  kept  and 
entered  under  the  head  of  the  “Library  Fund.” 

Sec.  12-  Contingent  fund.  All  expenses  in¬ 
curred  and  paid  by  or  on  behalf  of  the  city,  for  print¬ 
ing  of  ordinances,  proceedings  of  the  council,  and  all 
other  printing  required  to  be  done  by  the  city  council, 


REVISED  ORDINANCES. 


85 


and  all  stationery  required  for  city  purposes,  and  all 
other  charges  and  expenses  of  a  general  nature,  not 
herein  otherwise  designated  and  classified,  shall  be 
known  and  designated  as,  and  shall  constitute  the 
“Contingent  Fund.’’ 

Provided ,  that  the  moneys  appropriated  for  this 
department  shall  not  be  used  to  supply  any  deficit  in 
any  other  department  herein  named,  and  all  moneys 
paid  out  for  or  on  account  of  any  of  the  purposes  men¬ 
tioned  in  this  section,  shall  be  kept  and  entered  under 
the  head  of  “Contingent  Fund.’’ 


CHAPTER  XII. 


CONTRACTS  FOR  PUBEIC  WORKS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 


Estimates — what  included. 

Contracts  over  $200 — advertise  for  bids — two-thirds 
vote. 

Profile — specifications. 

Advertisement — bids. 

Proposals — bond. 

Bids  opened. 

Bond— failure — reject  bids. 

Disability  of  bidder — interest  in  contract  or  surety  on 
bond. 

Contracts  and  bonds  in  name  of  city — duplicate. 
Subject  to  ordinance. 

No  lien  on  city. 

Surplus  of  earth. 

Acceptance  of  work. 

Extra  work. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

SECTION  1.  Estimates — zvhat  included  herein. 
When  any  public  work  or  improvement  shall  be  ordered 
by  the  city  council  of  the  city  of  Mendota,  and  before 
the  letting  of  any  contract  therefor  by  the  city,  the 


86 


REVISED  ORDINANCES. 


probable  cost  of  such  work  shall  be  first  ascertained: 
Provided ,  that  all  work  and  material  for  bridges, 
building,  grading,  graveling,  sewerage,  culverts,  cis¬ 
terns,  sidewalks,  and  fire  supplies,  together  with  any 
and  all  other  work,  material,  and  improvement  not 
herein  enumerated,  shall  be  deemed  within  the  scope 
of  this  ordinance. 

Sec.  2.  Contracts  over  $200 — advertise  for  bids 
two-thirds  vote.  All  contracts  for  the  making  of 
any  public  improvement  in  said  city,  to  be  paid  for  in 
whole  or  in  part  by  special  assessment  or  special  taxa¬ 
tion,  and  any  work  or  other  public  improvement,  when 
the  expense  thereof  shall  exceed  the  sum  of  $200,  shall 
be  let  to  the  lowest  responsible  bidder  therefor,  in  the 
manner  hereinafter  prescribed,  and  shall  be  approved 
by  the  mayor:  Provided ,  that  any  such  contract  may 
be  entered  into  by  the  city  clerk,  or  other  proper  officer, 
without  advertising  for  bids,  and  without  the  approval 
of  the  mayor,  when  authorized  by  a  vote  of  two-thirds 
of  all  the  aldermen  elected  to  the  city  council. 

Sec.  3.  Profile — specifications.  Whenever  any 
local  or  public  improvement  shall  be  ordered  by  the  city 
council,  which  is  to  be  paid  for  in  whole  or  in  part  by 
special  assessment  or  special  taxation,  or  otherwise,  it 
shall  be  the  duty  of  the  city  surveyor  to  prepare  a 
plan  or  profile  of  the  proposed  improvement,  and  spe¬ 
cifications  for  the  construction  of  the  same,  which  shall 
be  kept  on  file  in  the. city  clerk’s  office,  and  be  open  to 
the  inspection  of  city  officers  and  other  persons  inter¬ 
ested  therein. 

Sec.  4.  Advertisement — bids.  It  shall  be  the 
duty  of  the  city  clerk  to  advertise,  in  one  or  more 
newspapers  of  general  circulation,  printed  or  published 
in  said  city,  for  the  proposals  to  furnish  the  materials 


REVISED  ORDINANCES. 


87 


and  do  said  work,  according-  to  the  plans  and  specifi¬ 
cations  aforesaid.  Such  advertisement  shall  be  pub¬ 
lished  for  at  least  four  weeks  before  the  day  fixed 
for  opening-  said  proposals,  and  shall  state  the  nature 
and  extent  of  the  improvement  ordered,  the  place  where 
specifications  thereof  may  be  seen,  and  the  time  and 
place  when  and  where  the  bids  will  be  opened.  The 
right  to  reject  any  and  all  proposals  or  bids  or  any 
part  thereof  received  shall  be  reserved  in  the  adver¬ 
tisement. 

Sec.  5.  Proposals — bojid.  All  proposals  for  any 
such  improvement  shall  be  signed  by  the  persons  bid¬ 
ding,  and  be  enclosed  in  a  sealed  envelope  and  directed 
to  the  city  clerk;  and  each  bid  shall  be  accompanied  by 
a  bond,  or  certified  check,  in  such  amount  as  may  be 
named  in  such  advertisement  or  notice,  and  in  case  of 
bond  with  sureties  to  be  approved  by  the  mayor  and 
the  chairman  of  the  finance  committee, conditioned  that, 
in  case  the  contract  is  awarded  to  such  bidder,  he  will 
enter  into  bond,  as  herein  required,  to  perform  the  same 
according  to  the  terms  of  his  bid. 

SEC.  6.  Bids  opened.  All  proposals  or  bids  shall 
be  opened  and  read  by  the  clerk  at  the  next  meeting  of 
the  council  after  the  receipt  of  the  same,  in  the  presence 
of  the  council,  and  such  bidders  and  other  persons  as 
may  attend,  and,  upon  examination  of  the  same,  the 
council  shall  award  the  contract  to  the  lowest  respons¬ 
ible  bidder,  whose  bid  shall  not  exceed  the  estimated 
cost  of  the  proposed  improvement. 

Sec.  7.  Bond — failure — reject  bids.  The  per¬ 
formance  of  the  contract  shall  be  secured  by  a  good  and 
sufficient  bond,  to  be  approved  by  the  mayor  or  city 
council,  conditioned,  among  other  things,  for  the  faith¬ 
ful  execution  of  the  terms  of  such  contract,  which 


88 


REVISED  ORDINANCES. 


terms  shall  be  substantially  set  forth  in  said  bond.  If 
any  bidder  shall  fail  to  enter  promptly  into  contract, 
and  to  give  bond  as  hereinbefore  required,  the  contract 
for  such  work  may  be  awarded  to  the  next  lowest  and 
most  responsible  bidder;  or,  if  it  shall  be  deemed  best 
for  the  interests  of  the  city  not  to  accept  any  of  the 
bids  made,  such  bids  may  be  reiected,  and  the  clerk 
shall  thereupon  re-advertise  for  proposals  in  like  man¬ 
ner  as  before. 

Sec.  8.  Disability  of  bidder — interest  in  contract 
or  surety  on  bond.  Any  bidder  who  shall  fail  to  enter 
into  any  contract  so  awarded,  or  shall  fail  to  fulfill 
any  contract  entered  into  by  him  with  the  city,  shall 
not  be  permitted  to  bid  again  for  any  city  work,  unless 
the  city  council  shall,  for  good  cause  shown,  remove  his 
disability.  No  member  of  the  city  council,  or  other 
city  officer,  shall  be  interested,  directly  or  indirectly, 
in  any  contract  for  work  of  the  corporation,  or  become 
surety  for  any  contractor  or  other  person  upon  any 
bond,  to  secure  the  performance  of  any  contract  with 
said  city. 

Sec  9.  Contracts  and  bonds  in  name  of  city — 
duplicate.  All  such  contracts  and  bonds  shall  run  to 
and  be  in  the  name  of  the  city  of  Mendota,  and  shall 
be  drawn  by  the  city  attorney  or  be  submitted  to  him 
for  his  approval  of  the  form  thereof;  and  before  the 
same  shall  be  in  force,  they  shall  be  signed  or  approved 
by  the  mayor,  and  countersigned  by  the  city  clerk. 
Said  contracts  shall  be  executed  in  duplicate,  one  ori¬ 
ginal  copy  of  which  shall  be  given  to  the  contractor, 
and  the  other  filed  and  kept  in  the  office  of  the  clerk, 
who  shall  furnish  copies  thereof  when  required. 

Sec.  10.  Subject  to  ordinances.  IDach  contract 
shall  contain  a  clause,  in  substance  to  the  effect,  that 


REVISED  ORDINANCES. 


89 


it  is  made  subject  to  the  ordinances  of  the  city  and  to 
the  power  of  the  city  council  to  suspend  the  work,  and 
of  the  city  council  to  annul  the  contract  for  a  failure  on 
the  part  of  the  contractor  to  execute  the  same  according 
to  the  terms  thereof;  but  that  such  suspension  shall 
not  affect  the  right  of  all  damages  claimable  by  it  on 
account  of  the  non-performance  of  such  contract  accord¬ 
ing  to  the  terms  thereof. 

Sec.  11.  No  lien  on  city.  All  contracts  in  which 
the  contractor  or  contractors  agree  to  be  paid  from  spe¬ 
cial  taxes  or  special  assessments,  shall  contain  cove¬ 
nants  to  the  effect  that  they  shall  have  no  claim  or  lien 
upon  the  city,  in  any  event,  except  from  the  collection 
of  the  special  taxes  or  special  assessments  levied  for 
the  work  contracted;  and  that  no  liability  shall  attach 
to  the  city  by  reason  of  entering  into  any  such  contract, 
except  for  the  payment  to  such  contractor  or  contract¬ 
ors  of  the  moneys  received  by  the  city  from  the  special 
taxes  or  special  assessments  levied  or  assessed  for  the 
improvement  mentioned  in  such  contract.  And  no  con¬ 
tract  for  work,  to  be  paid  for  as  aforesaid,  shall  be  let 
to  any  contractor  who  will  not  so  agree. 

Sec.  12.  Surplus  of  earth.  In  all  contracts  for 
street  or  alley  improvements  upon  streets  or  alleys,  no 
contractor  or  sub-contractor  shall  in  any  manner  sell 
or  dispose  of  any  surplus  earth,  under  a  penalty  of  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dol¬ 
lars  for  each  offense. 

Sec.  13.  Acceptance  of  work.  When  any  con¬ 
tract,  except  as  provided  for  in  section  11  above,  shall 
have  been  completed,  and  on  the  filing  in  the  office  of 
the  city  clerk  of  the  certificate  of  the  committee  under 
whose  charge  such  work  shall  have  been  done, 
or  other  officer  under  whose  supervision  the  work 


90 


REVISED  ORDINANCES. 


was  done,  stating-  that  he  has  inspected  said  work,  and 
that  it  is  done  according-  to  the  contract  and  specifica¬ 
tions,  and  the  acceptance  and  approval  thereof  by  the 
city  council,  the  clerk  and  mayor  shall  issue  their  war¬ 
rant  on  the  treasurer  for  the  amount  due  such  con- 

» 

tractor  or  contractors;  and  they  may,  when  stipulated 
in  the  contract,  or  with  the  consent  of  the  city  council, 
from  time  to  time,  during-  the  prosecution  of  the  work 
(upon  the  filing  of  the  certificate  of  the  proper  commit¬ 
tee  or  officer,  stating  that  they  have  examined  and  com¬ 
puted  or  measured  such  work,  and  that  they  believe 
there  is  enough  done  to  cover  the  estimate  and  that  it 
is  done  in  accordance  with  the  contract,  and  the  accept¬ 
ance  and  approval  as  aforesaid),  advance  to  the  con¬ 
tractor,  and  draw  their  warrant  upon  the  treasurer  for 
such  advance,  reserving,  in  all  cases,  at  least  fifteen 
per  cent,  of  the  estimate,  to  be  paid  when  the  contract 
is  completed. 

Sec.  14.  Extra  work .  No  payment  shall  be  made 
upon  any  work  done  by  contract,  for  any  extra  work 
not  specified  therein,  unless  such  extra  work  shall  have 
been  done  by  special  order  of  the  city  council.  No 
officer  of  the  corporation,  or  special  superintendent 
employed  thereby,  shall  certify  the  account  of  any  con¬ 
tractor  who  has  failed  to  comply  with  the  terms  of  his 
contract,  nor  in  any  case  in  advance  of  the  progress  of 
the  work;  and  if  he  shall  do  so,  he  shall  be  liable  to  the 
city  for  all  loss  that  may  arise  therefrom. 


REVISED  ORDINANCES. 


91 


CHAPTER  XIII. 

CORPORATE  SEAE. 

Section  1.  Form  and  device  of  seal. 

2.  Clerk  to  have  custody  of. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Form  and  device  of  seal.  That  the 
seal,  circular  in  form,  and  heretofore  provided  and  used 
by  the  city  of  Mendota,  with  the  inscription  “City  of 
Mendota,”  around  the  outer  edgr  of  said  seal,  and  in 
the  interior  and  center  of  said  circle  is  the  word 
“Seal,”  shall  be  and  is  hereby  established  and  declared 
to  be  the  seal  of  the  City  of  Mendota  ;  said  seal  shall 
be  used  in  cases  where  if  shall  be  required  by  the  laws 
of  the  United  States,  the  laws  of  the  several  respec¬ 
tive  states  of  the  United  States,  and  the  ordinances  of 
said  city  of  Mendota,  and  in  all  cases  in  which,  by  the 
laws  and  customs  of  ‘nations,  it  is  necessary  to  use  a 
seal  by  a  corporation. 

Sec.  2.  Clerk  to  have  custody  of.  The  said 
seal  shall  be  and  remain  in  the  custody  of  the  clerk  of 
said  city,  to  be  used  by  said  clerk  and  the  mayor  of 
said  city,  as  is  provided  in  the  first  section  of  this 
ordinance. 


92 


REVISED  ORDINANCES. 


Section 


Section 


CHAPTER  XIV. 

DRAM  SHOPS  AND  EIQUOR  LICENSES. 

ARTICLE  I. 

Dram  Shops. 

1.  Dram  shop  defined. 

2.  Sale  without  license — penalty. 

3.  License — term  of — bond. 

4.  Application  for  license. 

5.  Bonds. 

6.  Issuance  of  license. 

7.  Character  of  licensee. 

8.  License  not  transferable — register. 

9.  Revocation. 

10.  License  to  be  posted. 

11.  Penalty  for  failure  to  post  license. 

12.  Certain  places  declared  nuisances — abatement. 

13.  Dram  shops  to  be  closed  on  Sunday. 

14.  Persons  drinking-  to  excess — g-ambling-,  pool  tables,  etc. 

— penalty. 

15.  Employment  of  minor — sales  to  drunkards  and  minors. 

16.  Notice  to  saloon  keepers. 

17.  Loud  noises,  quarrelling,  fighting,  etc. 

18.  Saloons  to  be  closed  during  certain  hours. 

19.  Saloons  to  be  closed  on  election  day. 

20.  Evasion  not  permitted. 

21.  Police  force  to  enforce  ordinance. 

ARTICLE  II. 

Druggists. 

1.  Druggists’  permits. 

2.  Druggists’  permits — application  for. 

3.  Permits — how  issued. 

4.  When  permits  expire. 

5.  Sales  to  be  in  good  faith. 

6.  Certain  sales  prohibited. 

7.  Permits  may  be  revoked. 

8.  Permits  to  be  registered. 

9.  Penalty. 


REVISED  ORDINANCES. 


93 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section.  1.  Dram  shop  defined.  That  a  dram 
shop  within  the  meaning  of  this  ordinance  is  a  place 
where  spirituous,  or  vinous,  or  malt  liquors  are  retailed 
in  less  quantities  than  one  gallon,  and  intoxicating 
liquors  shall  be  deemed  to  include  all  such  liquors 
within  the  meaning  of  this  ordinance. 

Sec.  2.  Sale  without  lice7ise — penalty.  That  no 
person  shall,  within  the  city  of  Mendota,  by  himself, 
agent,  or  clerk,  keep  a  dram  shop,  or  sell,  give,  or  de¬ 
liver  to  any  person  any  intoxicating,  spirituous,  vinous, 
or  malt  liquors,  in  any  quantity  less  than  one  gallon, 
without  a  license  therefor  in  accordance  with  the  pro¬ 
visions  of  this  ordinance,  under  a  penalty  of  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 

Sec.  3.  License — term  of — bond.  The  city  coun¬ 
cil  may,  in  its  discretion,  grant  licenses  to  such  person 
or  persons  as  may  apply  therefor,  to  retail  intoxicating 
liquors,  upon  such  person  or  persons  paying  into  the 
city  treasury  the  sum  of  two  hundred  and  fifty  dollars, 
in  advance  for  six  months;  or  five  hundred  dollars  in 
advance,  for  one  year,  and  executing  a  bond  as  herein¬ 
after  required. 

Sec.  4.  Application  for  license.  All  applications 
for  license  under  this  ordinance  shall  be  made  to  the  city 
council,  in  writing,  stating  the  name  of  the  person  or 
persons  applying  for  the  same,  the  length  of  time  for 
which  said  license  is  desired,  and  particularly  describ¬ 
ing  the  proposed  place  of  business;  said  application 
shall  be  signed  by  the  person  desiring  such  license. 

Sec.  5.  Bonds.  E} very  person  desiring  a  license 
to  retail  intoxicating  liquors  under  the  provisions  of 
this  ordinance  shall  file  with  his  application  to  the  city 


94 


REVISED  ORDINANCES. 


council  a  bond  executed  to  the  city  of  Mendota  in  the 
penal  sum  of  one  thousand  dollars,  signed  by  at  least 
two  good  and  sufficient  sureties,  freeholders  of  the  city, 
which  bond  shall  be  approved  by  the  city  council  before 
a  license  is  issued,  conditioned  that  he  will  pay  the  said 
city  all  fines  and  costs  recovered  against  him  under 
the  provisions  of  this  ordinance  and  any  and  all  other 
ordinances  relating  to  the  sale  of  intoxicating  liquors 
now  in  force,  or  which  may  hereafter  be  in  force,  on 
account  of  any  act  done  by  him  in  violation  of  any  such 
ordinance,  during  the  time  for  which  said  license  shall 
be  granted.  Said  applicant  or  applicants  shall  also 
file  with  his  application  a  bond  in  the  penal  sum  of 
three  thousand  dollars,  payable  to  the  People  of  the 
State  of  Illinois,  with  at  least  two  good  and  sufficient 
sureties,  free-holders  of  the  county  of  Pa  Salle,  to  be 
approved  by  the  city  council,  conditioned  that  he  will 
pay  all  persons  all  damages  they  may  sustain,  either  in 
person  or  property,  or  means  of  support,  by  reason  of 
the  person  so  obtaining  a  license,  selling  or  giving 
away  intoxicating  liquors:  Provided ,  any  person  who 
has  become  surety  upon  either  of  the  bonds  aforesaid 
of  any  person  to  whom  license  has  been  issued  afore¬ 
said,  may  release  himself  from  such  liability  in  the  fol¬ 
lowing  manner: 

Such  surety  shall,  at  least  ten  days  before  a  reg¬ 
ular  meeting  of  the  city  council,  give  notice  in  writing, 
properly  signed  by  him,  to  the  city  clerk,  of  his  desire 
and  intention  to  withdraw  himself  as  such  surety  upon 
such  bond,  whereupon  it  shall  be  the  duty  of  said  clerk 
immediately  to  notify  the  principal  upon  such  bond  of 
such  request,  and  at  the  next  regular  meeting  of  the 
city  council  he  will  be  required  to  file  for  approval  a 
new  bond  or  bonds  with  sufficient  sureties,  to  be  ap- 


REVISED  ORDINANCES. 


95 


proved  by  said  council,  and  in  default  of  so  doing-  the 
license  so  granted  to  him  will  be  revoked,  and  in  case 
the  person  to  whom  such  notice  has  been  given  fails  to 
comply  with  the  terms  thereof  by  the  filing  of  a  good 
and  sufficient  bond  as  hereinbefore  required,  the  license 
so  issued  to  such  person  shall  thereupon  become  null 
and  void;  such  surety,  however,  shall  not  be  released 
from  his  liability  on  such  bond  arising  from  any  actor 
acts  done  by  such  principal  prior  to  the  givingand  ap¬ 
proval  of  such  new  bond  or  the  revocation  of  such 
license. 

Sec.  6.  Issuance  of  license.  Upon  the  approval  of 
application  and  bond  as  provided  in  the  foregoing  sec¬ 
tions,  and  the  presentation  of  the  city  treasurer’s  re¬ 
ceipt  for  the  license  fee,  the  city  clerk  shall  issue  to  the 
person  or  persons  applying  therefor,  a  license  to  retail 
intoxicating  liquors  under  the  provisions  of  this  ordi¬ 
nance,  for  the  period  of  time  mentioned  in  such  party 
or  party’s  application,  which  license  shall  be  signed  by 
the  mayor  and  countersigned  by  the  clerk. 

SEC.  7.  Character  of  licensee.  No  license  to  sell 
intoxicating  liquors  within  the  city  of  Mendota  shall 
hereafter  be  granted  to  any  person  who  shall  have  been 
convicted  of  felony,  or  who,  from  habits  of  intemper¬ 
ance  or  otherwise,  shall  be  deemed  incapable  of  keep¬ 
ing  an  orderly  house. 

Sec.  8.  License  not  transferable — register.  No 
license  issued  under  the  provisions  of  this  ordinance 
shall  be  transferable,  without  consent  of  the  city  coun¬ 
cil,  and  the  city  clerk  shall  keep  a  license  register,  in 
which  shall  be  entered  the  name  of  the  person  or  per¬ 
sons  to  whom  a  license  shall  be  issued,  the  date  of  the 
license,  and  the  time  the  same  shall  expire. 

Sec.  9.  Revocation .  Any  license  so  granted  as 


96 


REVISED  ORDINANCES. 


aforesaid  may  be  revoked  by  the  mayor  or  the  city 
council  whenever  it  shall  appear  to  the  satisfaction  of 
the  mayor  or  the  city  council,  that  the  person  or  per¬ 
sons  so  licensed  have  violated  any  provision  of  any  ordi¬ 
nance  of  the  city  of  Mendota  relating-  to  the  keeping-  of 
a  dram  shop,  or  any  condition  of  the  bond  aforesaid. 

Sec.  10.  License  to  be  posted.  Any  and  all 
persons  licensed  under  this  ordinance  to  sell  intoxicat¬ 
ing-  liquors,  shall  immediately  cause  to  be  and  remain 
posted  upon  some  conspicuous  part  of  the  room  or  bar 
kept  or  used  for  such  purpose,  his  or  their  license. 

Sec.  11.  Penalty  for  failure  to  post  license.  Any 
persons  so  licensed,  who  shall  not  cause  such  license  to 
be  and  keep  the  same  posted,  as  required  in  the  preced¬ 
ing-  section,  or  who,  not  being-  licensed,  shall  cause  or 
permit  any  paper  or  document  purporting-  to  be  a  license 
to  be  or  remain  posted  as  aforesaid,  shall,  on  convic¬ 
tion,  be  fined  in  a  sum  not  exceeding-  twenty  dollars  for 
each  offense. 

Sec.  12.  Certain  -places  declared  nuisances — 
abatement.  All  places  where  intoxicating-  liquors  are 
sold  or  g-iven  away  in  violation  of  this  ordinance,  shall 
be  taken,  held,  and  declared  to  be  common  nuisances  ; 
and  all  rooms,  taverns,  eating-houses,  bazaars,  res¬ 
taurants,  drug-  stores,  groceries,  coffee-houses,  cellars, 
or  other  places  where  intoxicating-  liquors  are  sold  or 
given  away  in  violation  of  this  ordinance,  shall  be 
deemed  public  nuisances  ;  and  whoever  shall  keep  any 
such  place  by  himself,  or  his  servant  or  agent,  shall, 
for  each  offense,  be  fined  one  hundred  dollars. 

Sec.  13.  Dram  shops  to  be  kept  closed  on  Sunday. 
No  person  engaged  in  the  retail  liquor  business,  shall 
on  Sunday,  keep  open,  or  offer  to  keep  open,  his  or  her 
saloon  or  place  of  business,  or  sell  or  deliver  any  intox- 


REVISED  ORDINANCES. 


97 


icating  or  malt  liquors,  or  beverages  whateyer,  or 
permit  any  such  liquors  or  beverage  to  be  used  or 
drank  at  his  or  her  place  of  business,  or  in  any  place 
adjacent  thereto,  under  his  or  her  control  ;  nor  shall 
on  Sunday  admit  any  one  into  his  or  her  place  of  bus¬ 
iness,  not  belonging  thereto  or  connected  therewith 
under  a  penalty  not  exceeding  two  hundred  dollars  for 
every  such  offense.  Definition:  Sunday  shall  include 
the  time  from  midnight  to  midnight. 

Sec.  14.  Persons  d7~inki?ig  to  excess — gambling, 
'pool-tables,  etc. — Penalty.  No  retail  liquor  dealer 
shall  by  himself,  servant  or  clerk,  suffer  or  permit 
any  person  to  drink  to  excess  or  drunkenness  in  his 
premises,  or  suffer  or  permit  any  species  of  gambling, 
or  any  pool  or  bagatelle, pigeon-hole  table  or  any  other 
board  or  table  on  which  any  game  of  chance  is  played, 
in  any  part  thereof,  or  in  any  place  adjacent  thereto 
under  his  control,  under  a  penalty  of  not  less  than 
twenty-five  dollars, nor  more  than  two  hundred  dollars 
in  each  case.  Provided,  nothing  in  this  ordinance 
shall  apply  to  the  use  of  billiard  tables  for  the  playing 
of  billiards  only. 

Sec  15.  Employment  of  minor — sales  to  minors 
and  drunkards — penalty.  No  retail  liquor  dealer  shall 
employ  any  nynor  as  a  servant  or  clerk  in  his  place  of 
business,  nor  shall  in  any  manner  sell,  give,  or  deliver 
any  intoxicating  liquors  or  beverage,  whatever,  to  any 
minor  or  intoxicated  person,  or  person  in  the  habit  of 
getting  intoxicated,  nor  shall  harbor  or  entice  or  suffer 
any  minor  or  intoxicated  person,  or  persons,  in  the 
habit  of  getting  intoxicated,  to  be,  or  to  remain,  or 
loiter  in  or  about  his  place  of  business,  under  a  penalty 
of  not  less  than  five  dollars  no  more  than  two  hundred 
dollars  in  each  case. 


98 


REVISED  ORDINANCES. 


Sec.  16.  Notice  to  saloon  keepers-.  Whenever 
the  wife  or  any  other  relative  of  any  person  habitually 
addicted  to  the  use  of  intoxicating-  drink,  by  notice  in 
writing-,  personally  served,  shall  make  a  request  to  any 
dram  shop  keeper  not  to  sell  or  in  any  manner  gave 
away  liquor  to  such  person,  it  shall  thereafter  be  un¬ 
lawful  for  such  dram  shop  keeper  to  sell  or  gave  away 
any  liquor  to  such  person.  Any  person  violating-  the 
provisions  of  this  section  shall  be  fined  in  a  sum  not 
less  than  ten  dollars  nor  more  than  two  hundred  dol¬ 
lars  for  each  offense. 

Sec.  17.  Loud  noises .  quarrelling *,  fighting ,  etc., 
prohibited.  No  retailer  of  liquors  licensed  under  the 
provisions  hereof  shall  suffer  any  loud  or  boisterous 
talking-,  or  obscene  or  profane  language,  quarrelling-, 
singing*,  fighting,  or  other  disturbance  in  or  about  his 
place  of  business,  or  in  any  place  adjacent  thereto 
under  his  control,  to  the  annoyance  or  disturbance 
of  persons  passing  along  any  street  or  public  square  in 
the  vicinity  thereof,  or  to  the  disturbance  of  the  peace 
and  quiet  of  persons  doing  business  or  residing  in  the 
neighborhood  thereof,  under  a  penalty  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

SEC.  18.  Saloons  to  be  closed  during  certain 
hours.  All  dram  shops  within  the  city  of  Mendota 
shall  be  closed  at  the  hour  of  11  o’clock  P.  M.  on  the 
night  of  each  day  and  remain  closed  until  5  o’clock 
A.  M.  of  the  following  day,  and  during  said  time  the 
owner  or  proprietor  thereof,  either  by  himself,  his 
agent  or  servant,  or  by  any  shift  or  device  whatsoever, 
shall  not  allow  any  malt,  vinous,  spirituous  or  intox¬ 
icating  liquor  of  any  kind  to  be  sold,  or  given  away 
therein,  and  any  person  or  persons  violating  this  sec- 


REVISED  ORDINANCES. 


99 


tion  shall  be  fined  in  a  sum  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars  for  each 
offense. 

Sec.  19.  Saloons  to  be  closed  on  election  day.  No 
retailer  of  liquors  or  keeper  of  any  dram  shop,  shall, 
on  any  general  or  special  election  day,  or  day  on  which 
any  city,  town,  county  or  state  election  is  held  within 
said  city,  keep  open,  or  permit  to  be  kept  open,  his 
dramshop  or  place  of  business  ;  nor  shall,  on  such  day, 
sell  or  give  away,  any  intoxicating,  malt,  vinous  or 
spirituous  liquor  whatever,  or  permit  any  such  liquor 
to  be  used  or  drank  in  his  place  of  business,  or  in  any 
room  or  place  adjacent  thereto,  subject  to  his  control, 
under  a  penalty  of  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

a 

Sec.  20.  Evasions  not  permitted .  All  subter¬ 
fuges  or  evasions  for  the  purpose  of  avoiding  the 
requirements  or  provisions  hereof,  are  hereby  declared 
to  be  within  the  meaning  and  intent,  and  shall  be 
deemed  violations  hereof. 

Sec.  21.  Police  force  to  see  to  the  enforcement  of 
ordinaiice.  The  city  marshal  and  all  police  officers 
shall  see  that  the  provisions  hereof  are  strictly  ob¬ 
served  and  enforced,  and  shall  prosecute  all  violations 
of  the  same.  Any  person  may  make  the  proper  com¬ 
plaint  of  such  violation  before  the  police  magistrate, 
or  any  justice  of  the  peace,  and  have  the  offender 

prosecuted  as  in  other  cases.  And  it  shall  be  the  duty 

♦ 

of  the  city  marshal,  or  any  policeman,  to  arrest,  or 
cause  to  be  arrested  and  prosecuted  without  delay,  all 
persons  who  may  be  found  intoxicated  or  riotous  in 
any  place. 


100 


REVISED  ORDINANCES. 


ARTICEE  II. 

Druggists. 

Section  1.  Dt-uggists'  'permits.  All  druggists 
or  pharmacists,  within  the  city  of  Mendota,  who  have 
complied  with  the  statutes  of  Illinois  relating-  to  phar¬ 
macists,  desiring  to  sell  intoxicating-  liquor  for  medi¬ 
cinal,  mechanical,  sacramental,  and  chemical  purposes 
within  said  city,  may  obtain  a  permit  therefor  in  the 
manner  hereinafter  provided. 

Sec.  2.  Druggists'  permits — application  for. 
Such  drug-g-ists  shall  first  file  with  the  city  clerk  an 
application  for  such  permit,  stating  the  person  or  per¬ 
sons  in  whose  behalf  such  permit  is  desired,  and  the 
place  where,  and  the  person  or  persons  owning  the 
rooms  or  building  where  such  business  is  to  be  con¬ 
ducted,  and  all  permits  granted  under  this  ordinance 
shall  be  limited  to  the  person  or  persons  and  the  place 
specified  therein;  and  such  applications  shall  contain 
an  agreement  that  the  applicant  or  applicants  will 
faithfully  obey  all  ordinances  of  the  city  of  Meudota 
relating  to  the  sale  of  intoxicating  liquors. 

Sec.  3.  Permits — hozu  issued.  Upon  the  filing 
of  such  application  and  a  bond  as  provided  in  Section 
5  of  Chapter  43,  Revised  Statutes  of  Illinois  in  the 
year  1874,  and  after  the  approval  of  such  bond  by  the 
city  council,  and  the  payment  of  the  sum  of  twenty 
dollars  into  the  city  treasury,  the  city  clerk  shall  issue 
to  the  person  or  persons  so  applying  a  permit  as  fol¬ 
lows: 

Know  all  men  by  these  presents: 

That  . having-  on  this  day  filed  in  the  office  of 

the  city  clerk  of  the  city  of  Mendota  an  application  for  a 

DRUGGISTS1  PERMIT 

to  sell  intoxicating  liquors  under  and  in  accordance  with  Article  2, 


REVISED  ORDINANCES 


101 


Chapter  XIV  Revised  Ordinances  of  the  City  of  Mendota. 

Now,  therefore,  the  said . is  hereby  author¬ 
ized  to  sell  intoxicating  liquors  at  No . .  . street  in  said 

city,  for  mechanical,  sacramental,  chemical,  and  medicinal  purposes 
only. 

This  permit  expires  on  the  first  Monday  of  next  May,  and  is 
granted  subject  to  all  the  ordinances  of  said  city  that  now  exist  or 

t 

may  exist. 

Witness  my  hand  and  the  seal  of  said  city  hereto  affixed,  this 
. day  of . a.  d.  18  .  . 

. .  City  Clerk . 

Sec.  4.  When  permits  expire .  All  such  permits 
shall  expire  on  the  first  Monday  of  May  next  following* 
their  issue. 

Sec.  5.  Sales  to  be  in  good  faith .  Such  permits 
shall  only  authorize  the  druggists  to  whom  issued  to 
sell  intoxicating  liquor  for  sacramental,  chemical,  medi¬ 
cinal,  or  mechanical  purposes  only,  and  when  the 
druggist  believes  in  good  faith  it  is  to  be  used  only  for 
such  purpose,  and  has  no  reason  to  believe  to  the  con¬ 
trary. 

Sec.  6.  Certain  sales  prohibited.  In  no  case 
shall  it  be  lawful  for  a  druggist  or  pharmacist  to  sell 
or  give  away  intoxicating  liquor  to  be  drank  in  or  upon 
the  premises  occupied  by  such  pharmacist  or  druggist, 
or  in  or  upon  any  room,  building,  yard,  premises  or 
place  of  public  resort  ad  jacent  thereto. 

Sec.  7.  Permits  may  be  revoked.  Any  permit 
issued  under  the  provisions  of  this  article  may  be  re¬ 
voked  by  the  city  council  at  any  time  whenever  it  shall 
appear  to  the  satisfaction  of  the  council  that  the  holder 
or  holders  of  such  permit  have  violated  any  of  the  pro¬ 
visions  of  this  article,  or  any  of  the  statutes  of  the  state 
of  Illinois  relating  to  the  sale  of  intoxicating  liquors. 


102 


REVISED  ORDINANCES. 


Sec.  8.  Permits  to  be  registered .  The  city 
clerk  shall  keep  a  register  of  all  permits  issued  under 
this  article,  showing  the  date,  to  whom  issued  and  the 
location  named  in  such  permit. 

Sec.  9.  Penalty.  Any  failure  or  neglect  to  com¬ 
ply  with  any  of  the  provisions  of  this  article,  or  any 
violation  of  any  of  the  provisions  of  this  article,  shall 
subject  the  offender  to  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  two  hundred  dollars  for  each 
offense. 

CHAPTER  XV. 


EINES  AND  PENALTIES. 


Section  1 . 

Suits — where  brought. 

2. 

Process. 

3. 

Suits  against  corporation —service. 

4. 

Continuances. 

5. 

No  dismissal  for  formal  defects. 

6. 

Proceedings  against  unknown  party. 

7. 

Trial  by  jury — waiver. 

8. 

Commitment  of  offenders. 

9. 

Officers  to  attend  as  witnesses — costs. 

10. 

Payment  of  fine. 

11. 

Commitment  when  not  laboring,  etc. 

12. 

Working  out  fine  and  costs. 

13. 

Refusal  to  work — escape — penalty. 

14. 

Prosecution — no  bar,  etc. 

15. 

Repeal. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Suits — where  brought.  All  suits  or 
actions  for  the  recovery  of  any  fine,  penalty,  or  forfeit¬ 
ure,  arising  under  the  laws,  or  ordinances  of  the  city  of 
Mendota,  where  the  amount  sued  for,  or  in  controversy, 
does  not  exceed  two  hundred  dollars,  may  be  brought 


REVISED  ORDINANCES. 


103 


before  the  police  magistrate  or  any  justice  of  the  peace 
in  said  city. 

Sec.  2.  Process.  That  in  all  actions  for  the  vio¬ 
lation  of  any  ordinance  the  first  process  shall  be  a  sum¬ 
mons  provided,  however, that  a  warrant  for  the  arrest 
of  the  offender  may  issue  in  the  first  instance  upon  the 
affidavit  of  any  person  that  such  an  ordinance  has  been 
violated,  and  that  the  person  making  the  complaint  has 
reasonable  grounds  to  believe  the  party  charged  is 
guilty  thereof,  and  any  person  arrested  upon  such  war¬ 
rant  shall,  without  unnecessary  delay,  be  taken  before 
the  proper  officer,  to  be  tried  for  the  alleged  offense. 

SEC.  3.  Suits  against  corporatiori — when .  When 
any  action  shall  be  brought  against  any  incorporated 
company  for  the  violation  of  any  law  or  ordinance  of 
said  city,  the  police  magistrate  or  justice  of  the  peace 
before  whom  the  complaint  is  made,  shall  issue  a  sum¬ 
mons  against  such  company,  stating  therein  the  nature 
of  such  action  or  suit,  which  summons  shall  be  return¬ 
able  in  not  less  than  five  nor  more  than  fifteen  days 
from  the  date  of  the  issue  thereof,  and  may  be  executed 
by  leaving  a  copy  thereof  with  the  president,  secretary, 
superintendent,  general  agent,  cashier,  or  principal 
clerk  of  such  company,  if  any  of  them  can  be  found  in 
said  city,  and  if  not,  then  by  leaving  a  copy  with  any 
director,  clerk,  engineer,  conductor,  station  agent,  or 
other  agent  to  be  found  in  said  city,  and  upon  the  re¬ 
turn  day  of  said  summons  at  the  hour  named  therein, 
the  justice  shall  proceed  to  hear  and  determine  the  case 
in  like  manner  as  other  cases  are  determined,  when  a 
warrant  is  issued  and  the  defendant  arrested  and 
brought  into  court. 

Sec.  4.  Continuances.  In  all  suits  before  the 
police  magistrate  or  any  justice  of  the  peace  in  said  city, 


104 


REVISED  ORDINANCES. 


under  the  laws  or  ordinances  of  said  city,  continuances 
may  be  granted  for  good  cause  shown, not  to  exceed  ten 
days  at  any  one  time. 

SEC.  5.  JVo  dismissal  for  formal  defects.  No 
suit  or  proceeding,  under  the  laws  or  ordinances  of 
said  city,  shall  be  dismissed  for  any  defect  or  infor¬ 
mality  in  the  complaint  or  warrant,  if  the  offense  be 
substantialy  alleged  therein  ;  and  amendments  shall 
be  allowed  in  all  cases  upon  such  terms  as  the  police 
magistrate  or  justice  of  the  peace  shall  deem  just  and 
reasonable. 

Sec.  6.  Proceediyigs  against  unknown  forties . 
If  the  name  of  any  defendant  is  unknown,  he  may 
be  designated  by  any  description  by  which  he  can 
be  certainly  identified  ;  and  if  upon  arrest  he  shall 
refuse  to  disclose  his  true  name,  he  may  be  tried  and 
convicted  by  the  designation  used  in  the  warrant  ;  but 
where  the  true  name  of  any  defendant  is  known  to  the 
police  magistrate  or  justice  of  the  peace,  or  can  be 
ascertained  by  him,  it  shall  be  the  duty  of  such  police 
magistrate  or  justice  of  peace  to  place  the  same  upon 
his  docket. 

Sec.  7.  Trial  by  jury — waiver.  No  person  shall 
be  imprisoned  for  the  non-payment  of  a  fine  or  judg¬ 
ment  except  on  conviction  by  a  jury:  Provided ,  that 
the  defendant,  or  defendants,  in  any  such  action,  may 
waive  a  jury  trial,  by  executing  a  waiver  in  writing  ; 
and  frovided  further ,  that  this  provision  shall  not  be 
construed  to  apply  to  fines  inflicted  for  contempt  of 
court;  and  frovided  further ,  that  when  such  waver 
of  jury  is  made,  imprisonment  may  follow  the  judg¬ 
ment  of  the  court  without  conviction  by  a  jury.  The 
selection  of  such  jury  shall  be  governed  by  the  statutes 
of  this  state  in  relation  to  the  granting  and  selecting 


REVISED  ORDINANCES. 


105 


of  juries  in  civil  cases  before  justices  of  the  peace,  but 
*the  defendant  or  defendants  shall  not  be  required  to 
advance  the  jury  fees. 

Sec.  8.  Commitment  of  offenders.  Any  person 
upon  whom  any  fine  or  penalty  shall  be  imposed  as 
heretofore  provided,  may  be  committed  to  the  calaboose, 
city  prison,  work  house,  house  of  correction,  and  that 
the  city  calaboose  is  especially  provided  for  the  incar¬ 
ceration  of  offenders  until  such  fine,  penalty  and  costs 
shall  be  fully  paid:  Provided ,  that  no  imprisonment 
shall  exceed  six  months  for  any  one  offense. 

Sec.  9.  Officers  to  attend  as  witnesses — costs. 
All  police  officers  making  arrests  shall  attend  as  wit¬ 
nesses  before  the  police  magistrate,  or  justice  of  the 
peace,  before  whom  any  suit  is  brought  under  the 
ordinances  of  said  city,  and  shall  procure  all  necessary 
evidence  in  their  power,  and  furnish  a  list  of  all  wit¬ 
nesses  to  the  city  attorney,  but  no  costs  of  any  kind 
shall  be  taxed  against  or  collected  of  the  city  in  any 
such  court,  and  no  officer  shall  be  entitled  to  any  wit¬ 
ness  fees  in  any  action  for  a  violation  of  any  city 
ordinance. 

Sec,  10.  Payment  of  fine — release ,  Any  person 
committed  may,  at  anj  time,  pay  the  amount  of  the 
fine  and  costs,  and  upon  such  payments  being  made, 
or  upon  his  working  out  the  amount  of  the  fine  and 
costs  against  him,  or  otherwise  being  entitled  to 
his  discharge,  the  marshal,  street  superintendent,  or 
any  other  officer  or  person  having  such  person  in  charge, 
if  required,  shall  give  him  a  written  discharge  and  set 
him  at  liberty. 

Sec.  11.  Commitment  when  not  laboring *,  etc. 
The  street  superintendent,  or  any  other  officer  or  per¬ 
son,  having  any  person  so  committed  in  his  custody 


I 

106  REVISED  ORDINANCES. 


for  the  purpose  of  working-  out  his  fine  and  costs,  shall 
commit  such  person  to  the  city  calaboose,  or  other  se¬ 
cure  place  for  safe  keeping,  when  not  laboring,  and 
take  him  therefrom  each  day  for  the  purpose  of 
laboring. 

Sec.  12.  Working- out  fine  and  costs.  When  any 
able  bodied  male  person  shall  be  committed  by  any  police 
magistrate  or  justice  of  the  peace,  for  the  non-payment 
of  any  fine  or  penalty  as  heretofore  provided,  the  city 
marshal  or  any  policeman  may  take  such  person  from 
the  city  prison  or  other  place  of  confinement,  and  de¬ 
liver  him  with  a  copy  of  the  mittimus  and  with  the 
amount  of  fines  and  costs  into  the  custody  of  the  city 
superintendent  of  streets,  or  any  other  person  having 
charge  of  any  of  the  public  works  of  said  city,  who 
shall  if  practicable  receive  such  person  and  receipt  for 
him  to  such  marshal  or  other  police  officer  and  shall 
enter  in  a  suitable  book  to  be  kept  by  him  the  amount 
of  the  fine  and  costs,  and  the  number  of  days  which  the 
person  will  be  required  to  work  to  discharge  the  same, 
said  superintendent  or  other  person  shall  thereupon 
compel  such  person  to  labor  on  the  streets  and  alleys 
of  said  city  or  other  public  work  for  ten  hours  each 
working  day  and  shall  credit  him  with  fif tyr  cents,  ex¬ 
clusive  of  board,  for  every  day  he  shall  so  diligently 
labor,  and  shall  discharge  him  when  he  shall  have 
labored  out  his  fine  and  costs. 

Sec.  13.  Refusal  to  work — escape — penalty.  Any 
person  so  committed  who  shall  refuse  to  labor,  or  who 
shall  conduct  himself  in  a  riotous  or  disorderly  manner, 
or  shall  refuse  to  obey  the  orders  of  the  superintendent 
of  streets  or  other  person  having  him  in  charge,  or  shall 
resist  or  attempt  to  escape,  shall  not  be  entitled  to  any 
credit  on  his  fine,  and  may  be  recommitted  to  the  city 


REVISED  ORDINANCES. 


107 


prison  or  other  safe  place  of  confinement  until  he  shall 
consent  to  labor.  If  any  person  shall  escape  he  shall 
forfeit  the  whole  of  the  labor  performed  and  if  retaken 
shall  work  out  the  whole  of  the  fine  and  costs  for  which 
he  was  originally  committed. 

Sec.  14.  Prosecution — no  bar ,  etc.  All  actions 
brought  to  recover  any  fine  or  to  enforce  any  penalty 
under  any  ordinance  of  the  city  of  Mendota,  shall  be 
brought  in  the  corporate  name  to  wit:  the  city  of  Men¬ 
dota  as  plaintiff,  and  no  prosecution,  recovery  or  acquit¬ 
tal  for  the  violation  of  any  such  ordinance,  shall  con¬ 
stitute  a  defence  to  any  other  prosecution  of  the  same 
party  for  any  other  violation  of  any  such  ordinance, 
although  the  different  cause  of  action  existed  at  the 
same  time  and  if  united,  would  not  have  exceeded  the 
jurisdiction  of  the  court  or  magistrate. 

Sec.  15.  Refeal.  All  ordinances  or  parts  of  or¬ 
dinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 


108 


REVISED  ORDINANCES. 


CHAPTER  XVI. 

EIRE  DEPARTMENT. 

Fire  Marshal ,  Foreman ,  Assistant  Foreman ,  Companies,  etc. 


Section  1. 

Department  created. 

2. 

Office  of  fire  marshal  created — appointment. 

3. 

Oath — bond. 

4. 

Powers  and  duties. 

5. 

Command  organization — tear  down  buildings. 

6. 

Enforce  ordinances. 

7. 

Examine  places  liable  to  cause  fire. 

8. 

Prescribe  rules. 

9. 

Preferring  charges — suspension. 

10. 

Keep  a  record — annual  report. 

11. 

Successor. 

12. 

Salary. 

13. 

Officers  of  company. 

14. 

Dividing  companies  into  sections. 

15. 

Constitution,  by-laws,  etc. 

16. 

Alarm — attending  fires — return  of  apparatus. 

17. 

Meetings,  reviews,  etc. 

18. 

Arrests  at  fires. 

19. 

Refusing  to  obey  orders. 

20. 

Eligibility — exemption  s. 

21. 

Failure  to  attend  meetings. 

22. 

Compensation  of  each  company. 

23. 

Repeal. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  Department  created .  There  is  here¬ 
by  created  a  department  of  the  municipal  government 
of  the  city  of  Mendota,  which  shall  be  known  as  the 
fire  department,  and  shall  embrace  a  fire  marshal,  one 
foreman,  and  one  assistant  foreman  for  each  fire  com¬ 
pany,  and  such  other  persons  as  may  from  time  to  time 
be  approved  of  by  the  council,  and  when  so  approved 


REVISED  ORDINANCES. 


109 


of  they  shall  be  enrolled  as  members  of  the  lire  depart¬ 
ment,  by  the  city  clerk,  in  a  book  to  be  kept  for  that 
purpose. 

Sec.  2.  Office  of  fire  marshal  created — appoint¬ 
ment.  There  is  hereby  created  the  office  of  fire  mar¬ 
shal  of  the  city  of  Mendota.  He  shall  hold  his  office 
for  the  term  of  one  year,  and  until  his  successor  shall 
be  appointed  and  qualified.  Said  fire  marshal  shall  be 
appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Monday  in  May 
1894,  or  as  soon  thereafter  as  may  be,  and  annually 
thereafter. 

Sec.  3.  Oath — bond.  The  fire  marshal  shall, 
before  entering'  upon  the  duties  of  his  office,  take  and 
subscribe  to  the  oath  prescribed  by  law  for  city  officers, 
and  shall  execute  a  bond  to  the  city  in  the  penal  sum  of 
five  hundred  dollars,  with  sureties  to  be  approved  by 
the  city  council,  conditioned  for  the  faithful  perform¬ 
ance  of  the  duties  of  his  office. 

Sec.  4.  Powers  and  duties.  Said  fire  marshal 
shall  be  the  chief  of  the  fire  department,  and,  subordi¬ 
nate  to  the  mayor,  shall  have  full  command  and  control 
of  said  department  and  over  all  the  members  thereof. 
He  shall  have  the  general  care  and  custody  of  the  en¬ 
gines,  hose  carts  and  hose,  trucks,  hooks  and  ladders, 
and  all  other  property  and  equipments  belonging  to  the 
fire  department,  and  he  shall  personally  attend  to  all 
repairs  required  to  be  made  upon  the  same. 

Sec.  5.  Co?nmand  organization — tear  down  build¬ 
ings.  He  shall  attend  all  fires  occurring  within  the 
city,  and  take  command  of  the  organization,  and  shall 
see  that  the  several  members  of  the  fire  department 
faithfully  perform  their  respective  duties.  In  the  ab¬ 
sence  of  the  fire  marshal  all  of  his  duties  shall  devolve 


110 


REVISED  ORDINANCES. 


upon  the  foreman  of  the  first  fire  company  arriving-  at 
the  fire,  if  the  foreman  is  absent  then  the  assistant  for- 
man  of  the  company  aforesaid  shall  discharg-e  all  the 
duties  of  the  fire  marshal.  With  the  concurrence  of 
the  mayor  or  any  two  aldermen,  the  fire  marshal  may 
order  the  tearing-  down  and  removal  of  any  building-, 
or  may  direct  the  blowing-  up  of  any  building-,  when, 
in  either  case,  it  shall  be  deemed  necessary  to  check  the 
progress  of  any  fire. 

Sec.  6.  Enforce  ordinances .  It  shall  be  the  spe¬ 
cial  duty  of  said  fire  marshal  to  see  that  all  the  ordi¬ 
nances  of  the  city,  having-  any  relation  to  the  protection 
of  life  or  property  of  the  city  from  fire,  or  relating  to 
the  fire  department,  are  strictly  enforced,  and  that  all 
the  members  of  the  fire  department  are  faithful  in  the 
discharge  of  their  duties. 

SEC.  7.  Examine  f  laces  liable  to  cause  fire.  It 
shall  be  the  duty  of  the  fire  marshal  to  visit  and  exam¬ 
ine,  or  cause  the  same  to  be  done,  all  places  reported 
to  him  as  being  liable  to  cause  or  occasion  the  breaking 
out  or  spread  of  fire,  and  to  make  such  orders  in  rela¬ 
tion  thereto  as  the  protection  of  life  and  the  property 
of  the  city  may  require. 

Sec.  8.  Prescribe  rules.  It  shall  be  the  duty  of 
the  fire  marshal,  in  conjunction  with  the  mayor,  to 
prescribe  such  rules  and  regulations  for  the  govern¬ 
ment  of  the  fire  department,  as  they  shall  deem  ex¬ 
pedient  for  the  welfare  and  efficiency  of  said  depart¬ 
ment. 

Sec.  9.  Preferring  charges.  He  may,  either 
upon  his  own  knowledge  or  upon  information  com¬ 
municated  to  him  by  others,  prefer  formal  charges  to 
the  fire  department  against  any  member  of  the  fire 
department  for  incompetency,  neglect  of  duty,  disobe- 


REVISED  ORDINANCES. 


Ill 


dience  of  orders,  or  violation  of  any  of  the  standing- 
rules  or  reg-ulations  of  said  department;  and  pending- 
such  charg-es,  shall  suspend  such  delinquent  member 
from  duty,  and  such  suspension  shall  continue  in  force 
until  the  charges  can  be  investigated  by  the  fire 
department,  and  final  action  taken  thereon  by  said  fire 
department. 

Sec.  10.  Keep  a  record — annual  reports .  Said 
fire  marshal  shall  keep,  in  a  book  to  be  provided  by  the 
city  for  that  purpose,  a  full  and  accurate  record  of  all 
the  property  and  equipments  of  the  fire  department, 
together  with  a  record  of  all  transactions  in  the  fire 
department,  and  of  all  property  placed  in  his  charge 
and  custody;  and  he  shall,  annually,  at  the  close  of 
each  fiscal  year,  make  a  written  report  to  the  city 
council,  showing  the  condition  of  the  department  under 
his  management,  together  with  a  complete  list  of  all 
fires  occurring  in  said  city  during  the  preceding  year, 
the  date  and  location  of  each  fire,  the  name  of  the 
owner  of  the  property  destroyed,  the  cause  of  the  fire, 
loss  incurred  thereby,  amount  of  insurance,  and  such 
information  as  he  may  deem  important  to  the  city. 

Sec.  11.  Successor.  On  the  expiration  of  his 
term  of  office,  or  his  resignation  thereof,  or  removal 
therefrom,  the  fire  marshal  shall,  on  demand,  deliver 
to  his  successor  in  office,  all  books,  records,  equip¬ 
ments,  and  property  of  every  description  in  his  pos¬ 
session,  belonging  to  the  "city  or  appertaining  to  his 
said  office. 

Sec.  12.  Salary.  The  fire  marshal  shall  receive 
an  annual  salary  of  fifty  dollars,  to  be  paid  quarterly 
in  lieu  of  all  other  compensation,  perquisite  or  benefit 
in  any  form  whatever. 


112 


revised  ordinances. 


Sec.  13.  Officers  of  company .  The  officers  of 
each  fire  company  shall  consist  of  a  foreman,  assistant 
foreman,  secretary,  treasurer,  and  such  other  officers 
as  may  be  provided  for  in  the  by-laws  of  such  company. 

Sec.  14.  Dividing co?npanies  into  sections.  The 
firemen  shall  be  divided  into  sections,  and  assigned  to 
such  duties  as  may  be  prescribed  in  the  by-laws  of  the 
different  fire  companies  organized  in  said  city. 

Sec.  15.  Constitution ,  by-laws ,  etc.  Fach  com¬ 
pany  may  adopt  such  constitution,  by-laws,  and  rules 
for  its  government,  not  contrary  to  the  ordinances  of 
said  city,  as  the  members  may  deem  proper. 

Sec.  16.  Alarms  —  attending  fires  —  return  of 
apparatus.  Upon  an  alarm  of  fire,  all  the  fire  com¬ 
panies  shall  repair  to  the  place  of  the  fire,  with  the 
engines,  hose,  hooks,  ladders,  axes,  saws,  and  other 
implements  in  their  care,  and  there  work  and  manage 
the  same  under  the  directions  of  the  acting  fire  marshal, 
and  the  members  thereof  shall  not  remove  therefrom, ex¬ 
cept  upon  the  permission  of  the  acting  fire  marshal,, 
and  upon  such  permission  being  given,  they  shall  re¬ 
turn  their  respective  engines,  hose,  carts,  hooks, 
ladders,  saws,  and  othei*  fire  apparatus,  well  washed 
and  cleansed  to  their  appropriate  places  of  deposit. 

Sec.  17.  Meetings ,  reviews ,  etc.  For  the  pur¬ 
pose  of  securing  efficient  action  in  case  of  fires,  the 
different  fire  companies  shall  hold  regular  meetings — 
one  at  least  in  every  month,  for  the  purpose  of  drill 
and  excercise.  Besides  the  regular  meetings  aforesaid, 
there  shall  be  two  general  meetings,  for  the  purpose  of 
review  by  the  mayor  and  aldermen,  of  all  the  members 
of  the  fire  department  of  the  city.  Said  reviews  shall 
be  held  in  the  months  of  May  and  October  of  each  year; 
on  some  day,  to  be  designated  by  the  fire  marshal,  and 


REVISED  ORDINANCES. 


113 


said  marshal  shall  give  due  notice  of  the  time  and 
place  of  review  to  the  mayor  and  council,  and  also 
notice  in  some  newspaper  of  said  city  to  the  members 
of  the  fire  department.  Upon  the  day  appointed  for 
such  review,  it  shall  be  the  duty  of  all  persons  belong¬ 
ing  to  the  fire  department  to  appear  at  the  place 
designated,  fully  equipped  for  such  reviewing,  and  the 
different  companies  shall  bring  their  engines  and  other 
fire  apparatus. 

Sec.  18.  Arrests  at  fires .  It  shall  be  the  duty 
of  the  city  marshal  and  all  other  police  officers  of  said 
city,  to  attend  all  fires  and  maintain  order,  and  arrest 
all  disorderly  persons,  and  all  persons  who  shall  at¬ 
tempt  to  steal  any  property,  and  lodge  the  same  in 
the  city  prison,  until  they  can  be  brought  before  a 
magistrate  for  examination. 

Sec.  19.  Refusing  to  obey  orders.  Every  person 
who  shall  repair  to  any  fire  shall  obey  the  orders  of 
the  acting  fire  marshal,  and  assist  in  putting  out  such 
fires  ;  and  any  person  who  shall  refuse  to  obey  the 
lawful  orders  of  any  acting  fire  marshal  in  case  of  fire, 
shall  be  liable  to  a  fine  of  not  less  than  two  dollars 
and  not  more  than  ten  dollars,  to  be  recovered  in  an 
action  brought  in  the  name  of  the  city,  before  any 
court  of  competent  jurisdiction. 

Sec.  20.  Eligibility ,  exemption,  etc.  No  person 
except  able-bodied  men  above  the  age  of  eighteen  years 
shall  become  a  member  of  the  fire  department  of  said 
city.  Each  and  every  member  of  the  fire  department 
shall  be  exempt  from  poll  tax  and  jury  service. 

Sec  21.  Failure  to  attend  reviews  or  meetings. 
Any  member  of  the  fire  department  who  shall  fail  to 
attend  any  fire,  without  good  excuse,  or  who  shall  fail 
to  attend  the  general  review  of  the  fire  department  in 


114 


REVISED  ORDINANCES. 


May  or  October,  without  good  excuse,  or  who  shall 
fail  to  attend  the  regular  meetings  of  his  company  for 
drill,  without  similiar  cause,  shall  forfeit  and  pay  to 
the  company  of  which  he  is  a  member,  for  every  such 
offense,  such  sum  of  money  not  exceeding  ten  dollars, 
as  may  be  prescribed  in  the  by-laws  of  his  company, 
to  be  recovered  in  an  action  brought  in  the  name,  of  the 
city  of  Mendota,  for  the  use  of  such  company,  before 
any  court  having  -jurisdiction. 

Sec  22.  Compensation.  Each  company  belong¬ 
ing  to  the  fire  department,  shall  receive  annually  the 
sum  of  one  hundred  and  twenty-five  dollars,  payable 
quarterly. 

Sec.  23.  Repeal.  All  ordinances  or  parts  of  ord¬ 
inances  in  conflict  with  this  ordinance  are  hereby  re¬ 
pealed. 


CHAPTER  XVII. 

FIRE  DISTRICTS. 

Section  1.  Fire  districts  prescribed. 

2.  Alarm — districts  how  designated 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Fire  districts  prescribed.  Each 
ward  in  the  city  of  Mendota  shall  constitute  a  fire 
district: 

Ward  number  1  shall  constitute  fire  district 

number  1. 

Ward  number  2  shall  constitute  fire  district 

number  2. 

Ward  number  3  shall  constitute  fire  district 

number  3. 


115 


REVISED  ORDINANCES. 


Ward  number  4  shall  constitute  fire  district 
number  4. 

Sec.  2.  Alarm — districts  hozu  designated.  The 
alarm  of  fire  shall  be  given  by  a  quick  blast  of  the 
water  works  whistle,  and  the  fire  district  in  which  the 
fire  is  situated  shall  be  designated  by  the  whistle 
sounding  slowly  the  same  number  of  times  as  the  num¬ 
ber  of  the  fire  district  in  which  the  fire  is  situated. 


CHAPTER  XVIII. 

FIRE  LIMITS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 


Limits  prescribed. 

Character  of  buildings  in  fire  limits. 

Wooden  buildings  prohibited. 

Manner  of  ascertaining  damage. 

Penalty  for  violating  ordinance. 

Wooden  buildings  declared  a  nuisance — abatement. 
Wooden  buildings  defined. 

Repeal. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  Limits  prescribed.  That  all  that 
part  of  the  city  of  Mendota  embraced  in  the  following 
limits  shall  hereafter  be  known  as  the  fire  limits  of 
said  city,  to-wit:  Block  48  and  the  north  half  of  Block 
49  and  Block  59,  60  and  61  in  the  original  town  of  Men¬ 
dota.  Block  36  and  the  east  half  of  Block  37,  and 
Blocks  48  and  49  West’s  addition  to  Mendota  and 
Blocks  1,  2  and  3  in  the  Illinois  Central  Railroad  addi¬ 
tion  to  Mendota. 


Sec.  2.  Character  of  buildings  in  fire  limits . 
No  building  or  structure  of  any  kind  or  description 
shall  be  hereafter  erected  or  constructed  within  the  fire 


116 


REVISED  ORDINANCES. 


limits,  as  defined  in  Section  1  of  this  ordinance,  unless 
the  outside  and  party  walls  thereof  shall  be  composed 
entirely  of  brick,  stone,  iron  or  other  incombustible  and 
fireproof  materials,  and  unless  the  roof,  cornice  and 
gutters  shall  be  composed  of,  or  shall  be  covered  on  the 
outside  surface  with  copper,  iron,  zinc,  or  other  fire¬ 
proof  material. 

Sec.  3.  Wooden  buildings  prohibited.  No  wood¬ 
en  building  or  part  of  building  within  the  fire  limits 
prescribed  in  Section  1  of  this  ordinance  shall  be  raised, 
enlarged  repaired,  or  removed  to  any  other  place  within 
the  fire  limits;  nor  shall  any  wooden  building  or  part 
of  building  be  removed  from  any  place  into  the  fire 
limits:  Provided ,  that  the  owners  or  occupants  of  wood¬ 
en  buildings  now  located  within  the  fire  limits  shall 
have  the  right  to  raise  such  wooden  buildings  to  the 
established  graOe.  No  wooden  building  within  said 
fire  limits,  which  may  hereafter  be  damaged  to  the  ex¬ 
tent  of  fifty  per  cent,  of  the  value  thereof,  shall  be  re¬ 
paired  or  rebuilt;  nor  shall  any  wooden  building,  where 
the  damage  shall  be  less  than  fifty  per  cent,  of  its 
value,  be  so  repaired  as  to  be  higher  than  the  highest 
point  left  standing  after  such  damage  shall  have 
occurred,  or  so  as  to  occupy  a  greater  space  than  said 
building  occupied  before  the  injury  thereto. 

Sec  4.  Manner  of  ascertaining-  damage.  The 
amount  or  extent  of  damage  that  may  be  hereafter  done 
to  any  wooden  building  shall  be  determined  by  three 
appraisers,  to  be  selected  as  follows:  One  of  said  ap¬ 
praisers  shall  be  selected  by  the  owner  of  the  building 
damaged;  the  second  shall  be  selected  by  the  mayor  of 
the  city  of  Mendota,  and  the  two  so  chosen  shall  select 
the  third.  It  shall  be  the  duty  of  said  appraisers  to 
make  a  careful  estimate  of  the  damage  to  said  building 


REVISED  ORDINANCES. 


117 


and  the  decision  of  said  appraisers  so  appointed  shall 
be  final  and  conclusive. 

Sec.  5,  Penalty  for  violating-  ordinance.  Any 
owner,  builder,  or  other  person  who  shall  own, 
build  or  aid  in  the  erection  of  any  building-  or  part  of 
building-  within  said  limits,  contrary  to  or  in  any  other 
manner  than  authorized  by  the  provisions  of  this  ordi¬ 
nance,  or  who  shall  remove  or  assist  in  removing-  any 
wooden  building-  within  said  limits,  or  from  one  place 
to  another  therein,  or  who  shall  remove  or  assist  in 
removing-  any  such  building-  from  without  said  limits 
into  the  same,  or  repair  or  assist  in  repairing- any  dam¬ 
aged  building-,  contrary  to  any  provisions  of  this  ordi¬ 
nance,  shall  be  subject  to  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  two  hundred  dollars  for  the  first 
offense,  and  a  like  fine  for  every  twenty-four  hours 
such  person  shall  fail  to  comply  with  the  provisions  of 
this  ordinance  or  continue  in  the  violation  thereof. 

Sec.  6.  Wooden  buildings  declared  a  nuisance — 
abatement.  Any  wooden  building-  or  part  of  building 
which  may  be  erected,  enlarg-ed  removed  or  repaired, 
or  in  process  of  enlargement,  removal  or  repair,  con¬ 
trary  to  this  ordinance,  shall  be  deemed  a  nuisance; 
and  upon  information  it  shall  be  the  duty  of  the  mayor 
after  g-iving  twenty-four  hours’  notice  to  the  owner, 
occupants,  or  person  in  charge  of  such  building,  or 
the  builder  thereof,  to  abate  che  same,  to  raze  such 
building  to  the  ground.  The  expenses  thereof  shall  be 
reported  by  the  mayor  to  the  city  council,  and  such  ex¬ 
penses  shall  be  collected  from  the  owner  of  such  build¬ 
ing  by  suit. 

Sec.  7.  Wooden  buildings  defined.  The  term 
“wooden  building,’’  wherever  used  in  this  ordinance, 
shall  be  understood  to  embrace  and  mean  all  buildings. 


118 


REVISED  ORDINANCES. 


tenements,  houses,  outhouses,  stables,  sheds,  ami 
structures  of  every  description,  the  outer  walls  or  roofs, 
or  any  part  thereof,  of  which  are,  in  whole  or  in  part, 
constructed  or  built  of  wood. 

Sec.  8.  Repeal.  All  ordinances  or  parts  of  or¬ 
dinances  in  conflict  with  this  ordinance  are  hereby  re¬ 
pealed. 

CHAPTER  XIX. 

#  >1-1  •  V 


Section  1. 

2. 

■V  3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 
17. 


FIRE  REGULATIONS. 

False  alarm. 

Bonfires,  shooting-  of  rockets,  etc.,  prohibited. 

Use  of  lamps  reg-ulated — penalty. 

Shavings  to  be  removed. 

Carrying  fire  prevented. 

Shavings,  etc.,  not  to  be  thrown  in  streets. 
Regulation  of  stoves  and  chimneys. 

Regulation  of  stove-pipes. 

Manner  of  putting  up  stove-pipes. 

Stove-pipes  to  be  conducted  into  chimneys. 
Additional  precaution. 

Erection  of  chimneys. 

Regulation  of  lofts. 

Stacking  hay  in  fire  limits  prohibited. 

Hay  not  to  be  stacked  within  ten  feet  of  buildings. 
Depositing  burning  coals  prohibited. 

Repeal . 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  False  alarm.  Whoever  wilfully,  by 
outcry  or  otherwise,  makes  or  circulates,  or  causes  to 
be  made  or  circulated,  any  false  alarm  of  fire,  shall  be 
subject  to  a  fine  of  not  less  than  three  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  2.  Bonfires ,  shooting  of  rockets,  etc.,  pro¬ 
hibited.  No  person  shall,  in  any  of  the  streets,  alleys, 


REVISED  ORDINANCES. 


119 


public  squares,  or  parks  in  said  city,  make,  or  kindle, 
or  keep  burning-  any  fires,  or  set  off  any  crackers, 
rockets,  torpedos,  squibs,  or  other  fireworks,  without 
permission  from  the  mayor,  under  a  penalty  of  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars 
for  each  offense:  Provided ,  that  this  section  shall  not 
apply  to  persons  burning-  up  debris  or  rubbish  in  front 
of  their  own  premises  for  the  purpose  of  cleaning-  up. 

Sec.  3.  Use  of  lamps  and  candles  regulated — 
penalty .  No  person  shall  take  or  use,  in  any  barn  or 
stable  within  the  corporate  limits  of  the  city  of  Men- 
dota,  any  lig-hted  candle,  oil  or  fluid  lamp,  or  any  burn¬ 
ing-  light  of  any  kind  whatsoever,  unless  the  same  be 
enclosed  and  secured  in  a  good  glass,  horn,  or  other 
lantern,  under  a  penalty  of  not  less  than  ten  dollars 
for  each  offense. 

Sec.  4.  Shavings  to  be  removed.  Every  person 
keeping  or  occupying  any  shop  or  other  building  where¬ 
in  shavings  or  other  combustible  materials  are  made, 
accumulated,  or  may  be  contained,  and  situated  within 
one  hundred  feet  of  any  other  building,  shall  clear  and 
remove  such  shavings,  or  other  combustible  materials, 
out  of  any  such  building  and  the  yard  belonging  there¬ 
to  at  least  once  in  each  week,  under  a  penalty  of  five 
dollars  for  each  offense. 

Sec.  5.  Carrying  fire  prevented.  No  person 
shall  carry  fire  in  or  through  any  street  or  lot,  or  other 
public  or  private  place,  except  the  same  be  placed  or 
covered  in  some  closed  or  secured  pan  or  other  vessel, 
under  a  penalty  of  three  dollars  for  each  offense. 

Sec.  6.  Shavings ,  etc.,  not  to  be  throiun  in  street. 
No  person  shall  scatter  or  throw  any  chips,  shavings, 
paper,  or  other  combustible  matter,  or  suffer  them  to 
be  thrown  or  scattered,  on  any  street,  alley,  or  other 


120 


REVISED  ORDINANCES. 


public  place,  under  a  penalty  of  not  less  than  five  nor 
more  than  twenty-five  dollars  for  each  offense. 

Sec.  7.  Regulation  of  stoves,  stove-pipes ,  and 
chimneys .  That  it  shall  hereafter  be  unlawful  for  any 
person  to  erect  or  use  any  stove,  stove-pipe,  or  chim¬ 
ney,  in  the  city  of  Mendota,  except  in  accordance  with 
the  following'  provisions: 

Sec.  8.  Regulating  of  stove-pipes.  Stove-pipes 
shall  not  be  less  than  four  inches  from  any  wood  or 
other  combustible  material,  unless  there  is  a  double 
circle  of  tin  connected  together,  and  air  holes  through 
the  connecting  tin  between  said  pipe  and  the  combust¬ 
ible  substance,  under  the  penalty  of  three  dollars, and 
the  sum  of  one  dollar  for  every  three  days  it  shall  re¬ 
main  after  notice  from  the  fire  marshal  to  alter  the  same. 

Sec.  9.  Manner  of  putting  up  stove-pipe.  E^very 
stove-pipe,  in  its  passage  through  any  ceiling,  floor, 
partition,  wall,  or  roof,  shall  be  secured  in  its  passage 
at  every  such  passage  by  plates  of  tin  or  iron,  or  by 
means  of  cut  stone  or  earthen  safes;  and  all  horizontal 
pipes,  or  portions  of  pipe  not  perpendicular,  shall  be 
supported  by  wires,  or  other  proper  supports,  so  as  to 
prevent  the  danger  of  falling  of  such  pipes,  and  any 
person  violating  this  section  shall  be  fined  in  a  sum  not 
less  than  three  dollars  nor  more  than  ten  dollars  for 
each  offense. 

Sec.  10.  Stove-pipes  to  be  conducted  into  chim¬ 
neys.  No  pipe  of  any  stoye,  furnace,  or  franklin  shall 
be  put  up,  unless  it  be  conducted  into  a  chimney  made 
of  brick  or  stone,  except  upon  the  written  permission 
of  the  fire  marshal;  and  every  person  yiolating  this  sec¬ 
tion  shall,  for  every  offense,  pay  a  fine  of  five  dollars, 
and  a  further  fine  of  one  dollar  for  every  twenty-four 
hours  the  same  shall  remain  after  notice  is  given  by  the 


REVISED  ORDINANCES. 


121 


fire  marshal  or  any  member  of  the  police  force  to  re¬ 
move  the  same. 

Sec.  11.  Additional  precaution.  No  stove-pipe 
or  chimney  shall  terminate  or  discharge  at  any  distance 
less  than  four  feet  from  the  roof,  or  any  other  wood¬ 
work  of  any  building,  nor  discharge  toward  any  build¬ 
ing  so  as  to  endanger  the  same,  nor  into  any  street  or 
alley,  and  any  person  violating  this  section  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

Sec.  12.  Erection  of  chimneys.  No  chimney 
shall  hereafter  be  built  with  less  than  four  inches 
thickness  of  brick  or  stone,  imbedded  in  lime  mortar, 
and  plastered  on  the  inside  with  a  smooth  coat  of  the 
same.  No  flue  shall  in  any  case  be  less  than  eight 
inches  by  eight  inches;  and  if  intended  for  two  full 
stories,  not  less  than  eight  by  twelve  inches;  and  if  for 
three  stories  or  more,  not  less  than  eight  by  sixteen 
inches.  Holes  for  stove-pipes  shall  have  a  sheet-iron 
thimble  inserted  into  the  chimney,  imbedded  in  mortar, 
and  a  tin  or  sheet-iron  stopper,  with  a  flang  at  least 
one  inch  wide  outside  of  brick.  Hvery  person  who 
shall  hereafter  build,  or  cause  to  be  built,  a  chimney 
contrary  to  this  section,  shall,  for  each  offense,  forfeit 
and  pay  the  sum  of  ten  dollars;  and  every  owner  of  any 
chimney  that  shall  hereafter  be  built  contrary  to  this 
section,  shall  cause  the  same  to  be  altered  within  ten 
days  after  notice  shall  have  been  given  by  the  fire  mar¬ 
shal,  or  forfeit  the  sum  of  ten  dollars,  and  also  ten  dol¬ 
lars  for  every  week  thereafter,  so  long  as  said  chimney 
shall  remain  unaltered. 

Sec.  13.  Regulation  as  to  lofts.  No  chimney 
shall  hereafter  be  commenced  or  constructed  in  any  loft, 
unless  there  be  fixed  stairs  leading  to  said  loft  and  said 


122 


REVISED  ORDINANCES. 


loft  is  easy  of  access  at  all  times;  and  no  stove-pipes 
shall  pass  through  more  than  one  ceiling’  before  enter¬ 
ing  a  chimney.  Any  person  violating1  this  section  shall 
be  fined  in  a  sum  not  less  than  five  nor  more  than  fifty 
dollars  for  each  offense,  and  the  further  sum  of  ten 
dollars  for  every  week  that  such  person  continues  such 
chimney  or  stove-pipe  in  violation  of  this  section,  after 
notice  shall  have  been  given  by  the  fire  marshal  to  alter 
the  same. 

Sec.  14.  Stacking-  of  hay  in  fire  limits  prohibited. 

It  shall  not  be  lawful  for  any  person  to  stack  any  hay, 
straw,  or  other  combustible  material,  on  any  lot  or  part 
of  lot,  or  any  block  within  the  fire  limits  of  the  city  of 
Mendota,  under  a  penalty  of  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  offense. 

Sec.  15.  Hay  not  to  be  stacked  zuithin  ten  feet  of 
building.  No  person  shall  stack  or  deposit  any  hay 
or  straw  within  ten  feet  of  any  building  or  dwelling 
house  within  the  city  of  Mendota,  under  a  penalty  of 
not  less  than  ten  nor  more  than  one  hundred  dollars 
for  each  offense. 

Sec.  16.  Depositing  burning  coals  prohibited. 

Any  person  who  shall  throw  or  deposit  any  burning 
coals  or  other  burning  material,  upon  any  street,  alley, 
or  public  place  within  the  city  of  Mendota,  shall  be 
fined  not  less  than  three  nor  more  than  twenty-five 
dollars  for  each  offense. 

Sec.  17.  Repeal.  All  ordinances  or  parts  of 
ordinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 


REVISED  ORDINANCES. 


123 


Section  1. 

2. 

3. 

4. 

5. 


Section  6. 

H 

%  . 

8. 

9. 

10. 

11. 


CHAPTER  XX. 

4  y  .. 

LICENSES. 

,t\ 

Manner  of  applying  for  license.  ■ 

What  license/ to  contain. 

Record  to  be  kept  by  clerk. 

Terms  of  license — not  assignable — bond. 

Licenses  subject  to  ordinances — revocation. 

Auctioneers. 

Unlawful  for  non-resident  to  sell  without  license. 

When  license  not  required. 

\ 

License  fees. 

Penalty  for  violating  ordinance. 

Deceiving  bidders — penalty. 

Auction  defined. 


Shows  and  Exhibitions. 

Section  12.  Shows  and  exhibitions  to  be  licensed — penalty. 

13.  License  fees. 

14.  Additional  fees. 

Billiard  Tables ,  Pool  Tables  and  Bowling  Alleys. 


Section  15. 

16. 

17. 

18. 


Billiard  tables,  pool  tables  and  bowling  alleys  must  be 
licensed — penalty . 

License  fee. 

Must  be  closed  on  Sunday — penalty. 

Minors  not  allowed  to  play — penalty. 


Hawkers  and  Peddlers. 


Section  19, 
20. 
21. 


License  required. 
Requisits  of  application. 
License  fees. 


124 


REVISED  ORDINANCES. 


Itinerant  and  Transient  Merchants. 


Section  22. 

23. 


License  required. 
License  fee. 


Shooting 


Galleries. 


Section  24. 

25. 

26. 


License  required. 

License  fee. 

What  license  authorizes 


Hacks  and  Omnibuses. 


Section  27. 

28. 

29. 

30. 


License  required. 

Application  for  license. 

License  fees. 

Penalty  for  violating-  ordinance. 


Bill  Posters. 

Section  31.  License  required— penalty. 

32.  Application — fee. 

33.  Mayor  may  grand  license. 

34.  Expiration  of  license — revocation. 

\ 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Manner  of  afi flying'  for  a  license. 

That  licenses  shall  be  granted  under  the  ordinances  of 
the  city  of  Mendota  in  the  manner  and  upon  the  condi¬ 
tions  following',  and  not  otherwise:  The  person  or 
persons  desiring-  a  license  shall  make  written  applica¬ 
tion  therefor  to  the  city  clerk,  which  application  shall 
be  sig-ned  by  the  applicant  and  shall  state  the  purpose 
and  time  for  which  the  license  is  desired,  and  the  place 
where  the  business  for  which  the  license  soug'ht  is  to  be 
conducted;  and  upon  presentation  of  said  application  to 
the  city  clerk  and  the  payment  of  the  sum  required  for 
such  license,  said  clerk  shall  issue  to  such  applicant  a 


REVISED  ORDINANCES. 


125 


license,  and  said  clerk  shall  preserve  in  his  office  all 
applications  on  which  licenses  are  so  issued. 

Sec.  2.  What  license  to  contain.  Every  license 
shall  contain  the  name  in  full  of  the  person  to  whom 
the  same  is  granted,  the  kind  of  business  therebv 
authorized,  the  time  covered  by  the  same,  and  where 
the  same  is  to  conduct  a  local  business,  the  street  and 
number  of  the  place  of  business  therebv  covered,  and 
shall  be  sigmed  by  the  mayor  and  countersigned  by  the 
city  clerk,  attested  by  the  seal  of  the  city;  and  such 
license  shall  not  protect  the  holder  thereof  beyond  the 
express  terms  of  the  license.  Every  person  holding-  a 
license  shall,  upon  demand,  exhibit  the  same  to  any  city 
officer. 

Sec.  3,  Record  to  be  kept  by  clerk.  It  shall  be 
the  duty  of  the  city  clerk  to  record  in  suitable  books  all 
licenses  issued  under  the  ordinances  of  the  city,  enter¬ 
ing-  the  name  of  the  person  licensed,  the  date  of  the  li¬ 
cense,  for  what  purpose  granted,  date  of  expiration, 
the  amount  paid,  the  name  of  the  security  on  the  bond, 
if  bond  is  required,  the  number  of  the  same,  which 
shall  also  be  inserted  in  the  license;  and  a  column  mav 
be  set  apart  for  remarks. 

Sec.  4.  License  only  for  one  year — not  assign¬ 
able  -  bond.  No  license  shall  be  granted  for  a  long-er 
period  than  one  year,  nor  be  assig-nable  or  transferable 
without  the  permission  of  the  city  council,  nor  shall 
authorize  any  person  other  than  the  one  therein  named 
to  carry  on  the  business  therein  specified;  and  where 
bond  is  by  ordinance  required  of  the  person  licensed, 
the  city  clerk  shall  see  to  the  taking-  and  approving:  of 
the  same,  unless  otherwise  specially  provided  by  ordi¬ 


nance. 


126 


REVISED  ORDINANCES. 


SEC.  5.  Licenses  held  subject  to  ordinances  — 
revocation .  Every  license,  excepting- where  otherwise 
specially  provided,  shall  be  taken  and  held  subject  to 
all  ordinances  and  police  regulations  then  existing  or 
afterwards  passed,  and  subject  to  revocation,  in  the 
discretion  of  the  city  council,  at  any  time  on  refunding 
the  price  paid  for  the  unexpired  term  of  such  license; 
and  on  conviction  of  the  person  holding  any  license  of 
a  breach  of  any  ordinance  of  the  city  regulating  the 
business  therein  licensed,  the  city  council  may,  in  its 
discretion,  declare  such  license  forfeited,  without  the 
repayment  above  required.  The  conditions  contained 
in  this  section  shall  be  made  a  part  of  every  license 
issued  by  the  city. 

Auctioneers. 


Sec.  6.  Unlawful  to  sell  without  license .  That 
it  shall  not  be  lawful  for  any  person,  not  a  resident  of 
the  city  of  Mendota,  to  exercise  the  business  or  trade 
of  an  auctioneer,  nor  sell  or  offer  for  sale  by  way  of 
public  vendue,  auction,  or  outcry,  within  this  city,  any 
goods,  wares,  merchandise,  or  other  effects  whatso¬ 
ever,  of  any  non-resident  person,  firm,  company,  or 
corporation,  without  first  having  obtained  a  license  for 
that  purpose.  Any  resident  of  said  city,  selling  by 
way  of  public  vendue  or  outcry,  any  goods,  wares,  or 
merchandise,  or  other  effects  of  any  non-resident  per¬ 
son,  firm,  company,  or  corporation  shall  be  required  to 
take  out  a  license  in  accordance  with  the  provisions  of 
this  ordinance. 

Sec.  7.  When  not  required.  The  prohibition 
aforesaid  shall  not  extend  to  any  officer  or  person  exe¬ 
cuting  any  process  or  order  of  any  court  in  this  state, 
selling  any  property  or  effects  directed  by  law  to  be 


REVISED  ORDINANCES. 


127 


sold  by  public  vendue,  auction,  or  outcry;  nor  shall  the 
prohibition  aforesaid  extend  to  property  and  effects  of 
any  deceased  person,  when  sold  by  order  of  the  executor 
or  administrator  of  such  deceased  person;  nor  to  the 
property  or  effects  of  any  bankrupt  or  insolvent  debtor, 
when  sold  by  order  of  the  assignee. 

Sec.  8.  License  fee.  Whenever  any  person  may  de¬ 
sire  to  obtain  a  license  for  the  purposes  above  men¬ 
tioned,  he  shall  pay  to  thecity  clerk, for  the  use  of  said 
city,  ten  dollars  per  day  or  fraction  of  a  day,  such  person 
or  persons  follow  such  business  within  said  city;  said 
license  shall  be  subject  to  revocation  by  the  mayor 
whenever  it  shall  appear  to  his  satisfaction  that  the 
party  so  licensed  shall  have  violated  any  provision  of 
any  ordinance  of  the  city  relating  to  auction  or  auction 
sales,  and  said  license  shall  not  be  assignable  or  be 
transferable  without  the  permission  of  the  city  council. 

Sec.  9.  Penalty  for  violating'  ordinances.  Who¬ 
ever  shall  sell  or  attempt  to  sell,  at  public  auction 
within  the  city  of  Mendota,  any  goods,  chattels  or 
personal  property  of  any  non-resident,  firm,  company, 
or  corporation  as  aforesaid,  without  first  having  obtained 
a  license,  as  above  required;  or  whoever  shall  violate 
any  other  provision  of  this  chapter,  or  shall  in  any 
particular  wilfully  fail  or  refuse  to  comply  with  anv 
of  its  terms,  conditions  or  requirements,  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  10.  Deceiving  bidders — penalty.  Whoever 
shall  exhibit  and  offer  for  sale  at  auction  any  article 
and  induce  its  purchase  by  any  bidder,  and  shall  after¬ 
wards  secretly  substitute  any  other  article  for  the  one 
so  exhibited,  with  intent  to  deceive  and  defraud  such 
bidder;  or  whoever  shall,  while  engaged  in  or  about 
the  making  of  any  auction  sale,  be  guilty  of  any  device, 


128 


REVISED  ORDINANCES. 


trick,  or  fraudulent  practice  with  intent  thereby  to  de¬ 
fraud  any  bidder,  shall  be  fined  fifty  dollars,  and  the 
license  of  such  person  shall  be  deemed  to  be  forfeited. 

Sec.  11.  Auction  defined.  All  sales  of  property 
within  the  city  of  Mendota,  by  public  outcry  to  the 
highest  bidder,  as  well  as  the  public  offer  of  property 
at  a  price  beyond  its  value,  then  lowering  the  price, 
or  increasing  the  number  of  articles  till  someone  ac¬ 
cept  the  property  offered  as  a  purchase,  shall  he  held 
and  deemed  a  selling  at  auction  within  the  meaning 
of  this  section. 

Shows  and  Exhibitions. 

Sec.  12.  Shores,  exhibitions ,  etc. ,  to  be  licensed 
— penalty .  No  circus,  menagerie,  caravan,  opera, 
theater,  concert,  minstrel  performance,  panorama, 
natural  or  artificial  curiosity, exhibition,  show,  skating 
rink,  entertainment,  or  amusement  of  any  kind  what¬ 
soever,  for  the  witnessing  of  which  an  admission  fee 
is  charged  (except  the  same  is  given  under  the  auspices 
and  for  the  benefit  of  some  home  church  or  charitable 
purpose)  shall  be  given,  exhibited,  or  performed  within 
the  city  of  Mendota  without  a  license  therefor  being 
first  taken  out  by  the  person  or  persons  owning,  man¬ 
aging,  or  exhibiting  the  same,  under  a  penalty  not 
exceeding  one  hundred  dollars  for  each  offense. 

Sec.  13.  License  fees.  The  charge  for  licenses 
under  this  division  shall  be  as  follows  :  For  a  license 
for  an  exhibition  of  a  circus,  the  sum  of  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars  shall  be 
charged  and  paid  for  each  day.  For  a  license  for  an 
exhibition  of  a  caravan,  menagerie,  or  a  collection  of 
animals,  not  less  than  five  dollars,  and  not  more  than 
twenty-fiye  dollars  shall  be  charged  and  paid  for  each 


REVISED  ORDINANCES. 


129 


day.  For  a  license  for  the  exhibition  of  a  combined 
circus  and  menagerie,  the  sum  of  twenty-five  dollars 
shall  be  charged  and  paid  for  each  day.  For  a  license 
for  a  concert,  theater,  entertainment,  or  any  hall  show, 
one  night,  three  dollars  ;  two  nights,  five  dollars  ; 
three  nights,  seven  dollars  ;  one  week,  twelve  dollars: 
Provided ,  however,  that  the  owner,  lessee,  or  manager 
of  any  theater,  hall,  or  other  place  for  the  giving  of 
entertainment,  may,  upon  the  payment  of  thirty  dol¬ 
lars,  in  payments  of  fifteen  dollars  semi-annually,  in 
advance,  procure  a  license  which  will  entitle  him  or 
them  to  the  privilege  of  giving  or  permitting  others  to 
give  in  such  theater,  hall  or  other  place,  any  and  all 
entertainments  sanctioned  by  the  provisions  of  this 
ordinance,  for  the  period  of  one  year;  and  said  thirty 
dollars  shall  be  received  in  lieu  of  any  and  all  license 
fees  for  such  entertainments. 

Sec.  14.  Additional  provisions  for  fees ,  Fvery 
other  show  or  exhibition  requiring  a  license,  the 
amount  whereof  is  not  fixed  in  Section  13  of  this 
ordinance,  shall  be  charged  at  the  rate  of  three  dollars 
per  day,  or  twelve  dollars  per  week. 

Billiard ,  Pool  Tables ,  and  Bowling  Alleys. 

Sec.  15.  Billiard  tables ,  pool  tables ,  and  bowl¬ 
ing *  alleys  must  be  licensed — penalty.  No  person 
shall  keep,  within  the  city  of  Mendota,  any  ten-pin  or 
bowling  alley,  billiard,  or  pool  tables,  to  be  used  or 
played  upon  by  others,  for  hire  or  gain,  without  first 
having  obtained  a  license  therefor,  under  a  penalty  of 
twenty  dollars  for  each  offense. 

Sec.  16.  License  fee.  The  charges  for  licenses 
issued  under  this  division  shall  be  as  follows:  For  a 
license  to  keep  a  nine  or  ten-pin  alley  or  bowling  alley, 


130 


REVISED  ORDINANCES. 


of  any  description,  the  sum  of  twenty  dollars  a  year 
shall  be  charged  and  paid  for  each  alley  in  advance. 
The  sum  of  ten  dollars  for  the  first  billiard  or  pool 
table  and  five  dollars  for  each  additional  table. 

Sec.  17.  Must  be  closed  on  Sundays  — time  of 
closing \  All  billiard  rooms,  billiard  halls,  pool  rooms, 
and  bowling  alleys  within  the  city  of  Mendota,  shall 
be  kept  closed  on  Sunday;  they  shall  be  closed  by  eleven 
o'clock  on  the  evening  of  each  day,  and  be  kept  closed 
until  five  o’clock  in  the  morning  of  the  day  following. 
Any  person  yiolating  this  section  shall  be  fined  in  a  sum 
not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

Sec.  18.  Minors  not  allowed  to  play  —penalty . 

No  keeper  of  any  billiard  hall,  pool  room,  or  bowling 
alley  within  said  city,  shall  permit  any  minor  to  plav 
at  any  game  upon  any  table  or  alley  kept  by  him,  nor 
shall  he  permit  anv  minor  to  frequent  his  place  of 
business,  or  to  loiter  or  remain  therein, unless  upon  the 
written  consent  or  permission  of  the  parent  or  guard¬ 
ian  of  such  person,  and  for  every  violation  of  any  pro¬ 
vision  of  this  section,  the  person  violating  the  same 
shall  be  fined  not  less  than  three  nor  more  than  twenty- 
five  dollars  for  each  offense. 


Hawkers  and  Peddlers. 

Sec  19.  License  required  No  person  shall  sell  or 
attempt  to  sell  or  offer  for  sale  any  goods  wares,  or  mer¬ 
chandise,  or  any  article  or  thing  of  value  by  peddling, 
hawking,  or  public  outcry,  within  the  city  of  Mendota, 
without  first  having  obtained  a  license  therefor,  under 
a  penalty  of  not  less  than  five  dollars  nore  more  than 
one  hundred  dollars  for  each  offense:  Provided ,  that 
this  section  shall  not  apply  to  farmers  or  gardeners 


REVISED  ORDINANCES. 


131 


bringing;  into  the  city  and  selling  the  produce  of  their 
farms  or  gardens,  nor  to  the  peddling  of  fruit  or  vege¬ 
tables  from  a  basket,  nor  to  the  peddling  of  news¬ 
papers. 

Sec.  20  Requisites  of  application.  12  very  applica¬ 
tion  for  a  peddler’s  license  shall  state  definitely  the 
article  or  articles  to  be  sold  and  the  proposed  manner 
of  selling,  and  the  person  licensed  shall  be  limited  to 
the  articles  and  mode  of  sale  stated  in  his  or  her  appli¬ 
cation,  and  shall  be  protected  no  further  by  his  or  her 
license. 

Sec.  21.  License  fees.  Licenses  issued  unde*-  this 
division  shall  be  charged  for  at  the  following  rates: 
Lvery  person  desiring  to  hawk  or  peddle  as  aforesaid, 
who  shall  be  traveling  on  foot,  shall  pay  to  the  city 
clerk,  for  the  use  of  said  city,  the  sum  of  two  dollars 
for  every  day  or  part  thereof  he  or  she  shall  hawk  or 
peddle;  every  person  traveling  with  one  horse  or  other 
beast,  shall  pay  the  sum  of  three  dollars  for  every  day 
or  part  thereof  he  or  she  shall  hawk  or  peddle;  every 
person  traveling  in  any  vehicle  drawn  by  two  or  more 
horses  or  other  beasts, shall  pay  the  sum  of  five  dollars 
for  every  day  or  part  thereof  he  or  she  shall  hawk  or 
peddle. 

Itinerant  and  Transient  Merchants. 

SEC.  22.  License  required.  No  itinerant  mer¬ 
chant  or  transient  vendor  of  merchandise  shall  pursue 
his  calling  or  shall  be  permitted  to  sell,  barter,  or  ex¬ 
change  any  article  of  merchandise  or  thing  whatever, 
without  first  having  obtained  a  license  so  to  do,  under 
a  penalty  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars  for  each  offense. 

Sec.  23.  License  fee.  Itinerant  merchants  and 
transient  vendors  of  merchandise,  shall  pay  a  license 


132 


REVISED  ORDINANCES. 


fee  of  not  less  than  five  dollars  and  not  more  than  twen¬ 
ty-five  dollars  per  day  for  each  day  or  fraction  of  a  day 
that  he,  she,  or  they  shall  carry  on  business  within  the 
city  of  Mendota:  Provided ,  that  nothing-  herein  con¬ 
tained  shall  authorize  itinerant  merchants  or  transient 
vendors  of  merchandise  to  sell  goods  or  merchandise, 
at  auction,  without  first  having-  obtained  an  auction¬ 
eer’s  license  therefor. 

'  Shooting  Galleries. 

Sec.  24.  License  required.  No  person  shall  own, 
keep,  or  run  any  shooting-  gallery  or  place  for  targ-et 
shooting-  within  the  city  of  Mendota,  without  first  ob¬ 
taining-  a  license  therefor,  under  a  penalty  of  fifty  dol¬ 
lars  for  each  offense. 

Sec.  25.  License  fee.  The  rate  of  license  for 
shooting-  galleries  and  places  for  target  shooting  shall 
be  for  one  year,  fifty  dollars;  and  fora  shorter  period 
the  sum  of  one  dollar  per  day  for  the  number  of  days 
covered  by  the  license. 

Sec.  26.  What  license  authorizes.  No  license 
shall  authorize  the  firing  of  any  guti  or  fire-arm  within 
the  city,  in  contravention  of  any  ordinance  of  the  city, 
nor  shall  it  authorize  the  establishment  or  keeping  of 
any  shooting  gallery  or  place  for  target  practice  in  any 
alley  of  the  city,  or  in  and  upon  any  unenclosed  place, 
nor  shall  any  such  gallery  or  place  for  target  practice 
be  kept  in  any  alley  or  unenclosed  place  within  the  city 
under  a  penalty  of  fifty  dollars  for  each  offense. 

Hacks  and  Omnibuses. 

Sec.  27.  License  required  That  no  person  not 
a  resident  of  the  city  of  Mendota  shall  hire  out,  or 
keep,  or  caused  to  be  kept  or  used  for  hire,  in  the 


REVISED  ORDINANCES. 


133 


transportation,  carriage  or  conveyance  of  persons,  any 
hackney  carriage,  coach,  omnibus,  or  other  vehicle, 
without  a  license  for  that  purpose  first  obtained. 

Sec.  27.  Application  for  license  Every  non¬ 
resident  person  wishing  to  keep  an}7  such  hackney  car¬ 
riage,  coach,  omnibus,  or  other  vehicle,  for  the  purpose 
aforesaid,  shall  make  application  to  the  city  clerk  for  a 
license  to  use  the  same,  and  such  license  shall  be 
granted  to  any  such  person  miking  application  for 
the  same  upon  the  payment  of  the  license  fee  herein¬ 
after  specified. 

Sec.  29.  License,  fee.  Every  person  applying 
for  a  license  for  the  purposes  aforesaid,  shall  pay  to 
the  city  of  Mendota  the  sum  of  five  dollars  per  week 
for  each  hackney  carriage,  coach,  omnibus  or  other 
vehicle:  Provided ,  however,  that  no  license  shall  be 
issued  for  less  than  one  week. 

Sec.  30.  Penalty  for  violating  ordinance.  Any 
non-resident  person  who  shall,  by  himself,  agent  or 
employe,  hire  out,  or  cause  to  be  kept  for  hire,  any 
hackney  carriage,  coach,  omnibus  or  other  vehicle, 
without  first  obtaining  a  license  as  aforesaid,  shall 
forfeit  and  pay  to  the  city  of  Mendota  a  fine  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 

Bill  Posters. 

Sec.  31.  License  required — penalty  It  shall  be 
unlawful  for  any  person,  within  the  limits  of  the  city 
of  Mendota,  to  carry  on  the  business  of  bill  posting,  or 
to  keep,  or  carry  for  distribution  along,  or  upon  the 
streets,  public  grounds  or  sidewalks  of  said  city,  ad¬ 
vertisements  or  handbills,  unless  such  persons  shall 
first  obtain  a  license  to  do  so  as  hereinafter  provided, 


134 


REVISED  ORDINANCES. 


under  a  penalty  of  not  less  than  one  dollar  nor  more 
than  ten  dollars. 

Sec.  32.  Application— fee .  Any  person  desiring- 
a  license  as  aforesaid,  shall  file  his  application,  in 
writing-,  with  the  city  clerk,  and  shall  pay  said  clerk 
a  license  fee  of  fifteen  dollars  per  year,  or  a  propor¬ 
tionate  sum  for  an}T  stated  period:  Provided ,  how¬ 
ever,  that  no  such  license  shall  be  issued  for  a  less  sum 
than  three  dollars. 

Sec.  33.  'Mayor  may  grant  license.  Upon  com¬ 
pliance  with  the  foreg-oing-  provisions,  the  mayor 
may,  in  his  discretion,  issue  to  such  applicant  a  license 
to  carry  on  the  said  business  of  bill  posting-. 

Sec.  34.  Expiration  of  license  —  revocation.  Such 
license  shall  expire  not  later  than  the  first  day  of  May 
following-  the  granting-  thereof,  and  may  be  revoked 
by  the  mayor  or  city  council  at  any  time  ;  but  unless 
such  revocation  shall  be  made  on  account  of  the  failure 
of  the  holder  thereof  to  observe  the  city  ordinances,  a 
ratable  portion  of  the  fee  paid  therefor  shall  be 
refunded  to  said  holder. 


REVISED  ORDINANCES. 


135 


Section 


Section 


CHAPTER  XXI. 

MISDEMEANORS. 

ARTICLE  I 

Offenses  affecting  public  peace  and  quiet. 

1.  Assault,  challenge,  affray — penalty. 

2.  Disturbing  peace — disorderly  conduct —penalty. 

3.  Unlawful  assemblages — penalty. 

4.  Unlawful  assemblages  on  private  premises. 

5.  Disturbing  lawful  assemblages. 

6.  Disturbing  places  of  amusement — elections. 

7.  Disturbing  funeral  processions. 

8.  Resisting  officer — assisting  to  escape 

9.  Boys  loitering  about  streets,  hotels,  etc  — penalty. 

10.  Carrying  concealed  weapons. 

11.  Intoxication. 

12.  Congregating  on  the  streets,  etc  ,  prohibited. 

13.  Congregating  upon  streets — refusal  to  disperse. 

ARTICLE  II. 


Offenses  affecting  'public  safety  (end  convenience. 

1.  Fast  driving. 

2.  Leaving  animals  unfastened. 

3.  Teams  passing  on  the  streets. 

4.  Riding  or  driving  on  sidewalk  or  lawn. 

5.  Hanging  of  signs. 

6.  Obstructing  street  crossings. 

7.  Discharging  firearms. 

8.  Selling  poisons — regulations. 

9.  Playing  ball — flying  kites  in  streets. 

10.  Frightening  teams — obstructing  sidewalks. 

11.  Dangerous  places  guarded 

12.  Playing  about  railroad  tracks — jumping  on  trains. 

13.  Throwing  water  prohibited. 

14.  Throwing  of  stones  prohibited. 

15.  Driving  unruly  animals  prohibited. 


136 


REVISED  ORDINANCES. 


Section 


Section 


Section 


ARTICLE  III. 

Offenses  against  public  murals  and  decency. 

1.  Indecent  exposure — lewd  acts — penalty. 

2.  Indecent  exhibition  of  stallions,  etc. 

3.  Exhibiting-  and  selling  obscene  publications. 

4.  Exhibit  indecent  play,  etc. — penalty. 

5.  Keeping  gambling  house. 

6.  Gambling  devices  prohibited. 

7.  Frequenting  gambling  houses. 

8.  Lottery  prohibited. 

9.  Gaming  defined. 

IT  Keeping  bawdy  house. 

11.  Allowing  premises  to  be  used  for  bawdy  house. 

12.  Inmates — frequenter  of  bawdy  house. 

13.  Enticing  females  and  minors  to  visit  bawdy  houses. 

article  iv. 

Offenses  concerning  property. 

1.  Destroying  property — penalty. 

2.  Injuring  trees. 

3.  Trespassing  on  school  property. 

4.  Trespassing  on  public  parks. 

5.  Defacing  property. 

6.  Defacing  posters,  etc. 

7.  Climbing  telegraph  poles. 

8.  Hitching  to  trees  and  fences.  , 

9.  Removing  corner  stones. 

10.  Injuring  property — penalty. 

11.  Not  to  deface  city  property. 

12.  Not  to  use  city  property  for  advertising. 

ARTICLE  V. 

Offenses  relating  to  Sunday. 

1.  Disturbances  on  Sunday. 

2.  Engaging  in  sport  on  Sunday 

3.  Places  of  amusement  closed  on  Sunday. 


REVISED  ORDINANCES. 


137 


ARTICEE  VI. 

Vagrants  and  paupers. 

Section  1.  Not  to  be  allowed  on  streets. 

ARTICLE  I. 

Offenses  affecting  public  peace  and  quiet. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Assault,  challenge,  affray — penally. 

Whoever  shall  assault,  strike, or  fight  another, or  shall 
challenge  or  offer  to  fight  another,  or  shall  be  guilty  of 
any  affray,  or  any  conduct  calculated  to  provoke  a 
breach  of  the  peace,  shall  be  subject  fo  a  penalty  of  not 
less  than  three  dollars  nor  more  than  one  hundred 
dollars. 

Sec.  2.  Disturbing  peace — disorderly  conduct — 
profane  language — penalty.  Whoever  shall  disturb 
the  peace  and  quiet  of  the  city,  or  of  an37  private  family, 
or  of  any  citizen,  or  shall  be  guilty  of  any  violent, 
tumultuous,  offensive,  or  disorderly  conduct,  or  shall 
make  any  loud  or  unusual  noise  or  disturbance,  or  shall 
use  any  obscene,  profane,  vulgar,  offensive, or  unseemly 
language,  shall  be  subject  to  a  penalty  not  exceeding 
one  hundred  dollars  for  each  offense. 

Sec.  3.  Unlawful  assemblages — penalty  Any 
two  or  more  persons  who  shall,  within  the  city, assemble 
together  for  any  unlawful  purpose,  or  who,  being 
assembled,  shall  act  in  concert  to  do  an  unlawful  act, 
with  force  and  violence,  against  the  property  of  the 
city,  or  the  person  or  property  of  another,  or 
against  the  peace  or  to  the  terror  of  citizens 
or  other  persons,  or  who  shall  make  any  movement  or 


138 


REVISED  ORDINANCES. 


preparation  therefor,  shall  be  severally  subject  to  a 
fine  of  not  exceeding-  one  hundred  dollars  for  each 
offense. 

Sec.  4.  Unlawful  assemblages  on  'private premises . 

Whoever  shall  knowingly  suffer  or  permit  any  assem¬ 
blage  for  the  purpose  of  committing  any  unlawful  act 
or  breach  of  the  peace,  or  any  riotous,  offensive, or  dis¬ 
orderly  conduct  in  or  upon  premises  owned  by  him,  or 
under  his  control,  within  said  city,  shall,  on  conviction, 
be  fined  not  exceeding  fifty  dollars  for  each  offense. 

Sec.  5.  Disturbing  lawful  assemblages .  Who¬ 
ever  shall  interrupt  or  disturb  any  congregation  or 
assembly  met  for  the  purpose,  of  religious  worship,  or 
for  any  other  lawful  purpose,  or  any  funeral  proces¬ 
sion  or  assembly,  by  making  any  loud  or  unusual  noise, 
or  bv  any  rude  or  indecent  behavior,  or  by  profane, 
obscene,  or  improper  discourse  or  conduct,  shall,  on 
conviction,  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  6.  Disturbing  places  of  amusement — elect¬ 
ions.  Any  person  who  shall  conduct  himself  in  a 
riotous  or  disorderly  manner,  or  disturb  the  peace,  at 
any  show  or  exhibition, theater  or  other  place  of  amuse¬ 
ment,  or  at  any  election  poll  in  said  city,  shall,  on  con¬ 
viction,  be  fined  not  exceeding  twenty-five  dollars  for 
each  offense. 

Sec.  7,  Disturbing  funeral  processions .  Who¬ 
ever  shall  wilfully  interrupt  or  disturb  any  funeral 
procession  or  assembly, shall,  on  conviction,  be  fined  not 
exceeding  one  hundred  dollars  for  each  offense. 

Sec.  8.  Resisting  officer — assisting  to  escape. 

Whoever  shall  resist  or  obstruct  any  member  of  the 
police  force  in  the  discharge  of  his  duty,  or  shall  in  any 
way  hinder  or  prevent  him  from  the  discharge  of  his 
duty,  or  shall  endeavor  to  do  so,  and  whoever  shall  in 


REVISED  ORDINANCES. 


139 


any  manner  assist  any  person  in  the  custody  of  any 
member  of  the  police  force  to  escape  or  attempt  to  es¬ 
cape  from  such  custody,  shall  be  fined  in  a  sum  not  ex¬ 
ceeding-  one  hundred  dollars  for  each  offense. 

Sec.  9.  Boys  loitering'  about  streets ,  hotels ,  6l.c. 

Any  two  or  more  boys  who  shall,  in  the  nig-ht  time,  be 
found  loitering  or  strolling  about  the  streets,  or  in  the 
vicinity  of  any  hotel,  theater,  railroad  depot,  church, 
or  other  public  place,  and  refuse  to  disperse  and  go  to 
their  respective  homes  when  requested  to  do  so  by  any 
member  ot  the  police  force,  or  by  any  person  annoyed 
thereby,  shall,  upon  conviction,  be  severally  fined  not 
less  than  one  dollar  nor  exceeding  ten  dollars. 

Sec.  10.  Carrying  concealed  weapons.  Whoever 
shall,  within  said  city,  wear  or  carry  concealed  about 
his  person’  any  pistol,  revolver,  slung-shot,  metallic 
knuckles,  bowie-knife,  dirk,  razor,  or  other  dangerous 
or  deadly  weapon,  or  whoever  shall  display  or  flourish 
any  such  weapon  in  a  boisterous  or  threatening  man¬ 
ner,  shall,  on  conviction,  be  fined  not  exceeding  one 
hundred  dollars  for  each  offense:  Provided \  that  the 
provisions  of  this  section  shall  not  be  held  to  apply  to 
any  policeman,  constable, or  other  peace  officer  while  in 
the  discharge  of  his  duty,  nor  to  any  person  summoned 
by  any  officer  to  aid  him  in  making  an  arrest  or  pre¬ 
serving  the  peace. 

Sec.  11.  Intoxication ,  Any  intoxicated  person 
found  in  any  street,  highway,  or  other  public  place  or 
so  found  disturbing  the  peace  of  the  public,  or  of  his 
own,  or  any  other  family  in  any  private  building  or 
place  in  the  city  of  Mendota,  shall,  for  the  first  offense 
be  fined  not  more  than  five  dollars  and  upon  any  sub¬ 
sequent  conviction  shall  be  fined  not  exceeding  twenty- 
five  dollars.  Prosecutions  under  this  section  shall  be 


140 


REVISED  ORDINANCES. 


commenced  within  thirty  days  after  the  offense  is  com¬ 
mitted,  and  the  Justice  of  the  Peace  or  Police  Magis¬ 
trate  may  remit  the  punishment,  in  whole  or  in  part, 
when  he  is  satisfied  the  public  welfare  and  the  good  of 
the  offender  require  it. 

Sec.  12.  Congregating  on  streets ,  etc  ,  prohibited. 

It  shall  be  unlawful  for  any  two  or  more  persons,  to 
congregate  on  any  street,  alley,  or  sidewalk, or  in  barns, 
sheds,  stair-ways,  hall-ways,  or  vacant  buildings,  and 
engage  in  singing,  preaching,  praying,  exhorting  or 
loud  talking,  drinking  malt,  vinous,  spirituous  or  other 
intoxicating  liquors,  to  the  disturbance  of  any  citizen 
or  family,  and  to  the  obstruction,  or  blockading  of  any 
street,  alley, or  sidewalk;  and  all  persons  so  offending 
shall  severally  be  liable  to  a  fine  not  exceeding  twenty- 
five  dollars  for  each  offense. 

Sec  13.  Persons  congregating  upon  streets — re¬ 
fusal  to  disperse.  Any  two  or  more  persons  who  shall, 
either  in  the  day-time  or  night-time,  be  found  loitering, 
standing,  or  congregated  upon  any  street,  alley,  or  side¬ 
walk,  to  the  obstruction  of  such  street,  alley,  or  side¬ 
walk,  and  who  refuse  to  disperse  when  requested  so  to 
do  by  any  member  of  the  police  force,  shall,  upon  con¬ 
viction,  be  severally  fined  not  exceeding  twenty  dollars 
for  each  offense. 

article  ii. 

Offenses  Concerning  Public  Safety  and  Convenience. 

Section  1.  Past  driving \  Whoever  shall  pur¬ 
posely,  heedlessly,  rapidly  or  immoderately  ride  or 
drive  any  horse,  mule,  cattle,  or  any  other  animal,  or 
any  team,  in  such  a  manner  as  to  be  dangerous  to  per¬ 
sons  or  property  in  the  city,  may  be  stopped  by  any 


REVISED  ORDINANCES. 


141 


person,  and  shall  be  stopped  by  the  city  marshal  or 
any  police  officer,  and  shall  be  subject  to  a  penalty  of 
not  les  than  three  dollars  nor  more  than  fifty  dollars 
in  each  case. 

Sec.  2.  Leaving ■  animals  unfastened .  Whoever 
shall  leave  any  horse  or  mule,  or  any  team  in  any  street 
or  any  other  unenclosed  or  public  place,  without  first 
making’  such  animal  or  team  fast  and  secure  with  suffi¬ 
cient  halter,  rope,  or  chain,  or  by  placing-  the  lines  or 
reins  attached  to  such  animal  or  team  in  the  hands  of 
some  other  person,  so  as  to  prevent  its  running-  away, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dol¬ 
lars  nor  more  than  twenty-five  dollars  for  each  offense. 

Sec.  3.  Teams  passing  on  streets.  All  persons 
meeting-  each  other  in  vehicles  in  the  streets  or  alleys, 
or  in  any  public  place,  or  upon  or  near  any  bridge, 
shall  (unless  the  nature  or  state  of  the  road  or  passway 
shall  render  it  impracticable)  each  seasonably  turn 
and  drive  to  the  right  of  the  center  of  the  road,  street, 
alley,  or  passway,  so  as  to  pass  each  other  without 
accident  or  injury.  Whoever  shall  violate  the  require¬ 
ments  of  this  section  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars  nor  more  than  twenty-five 
dollars  for  each  offense,  and  shall  be  liable  for  all  da¬ 
mages  that  may  accrue  from  collision. 

SEC.  4.  Riding  or  driving  on  sidewalk  or  lawn. 

Whoever  shall  ride  or  drive  any  horse,  mule,  or  any 
cattle  or  like  animal,  or  any  carriage,  wagon,  cart, 
or  other  vehicle,  for  pleasure  or  burthen,  on  or 
across  any  sidewalk  or  lawn,  where  there  is  no 
regular  approach  to  the  same,  shall  be  fined  in 
any  sum  not  less  than  three  dollars  nor  more 
than  twenty  dollars  for  each  offense.  And  it  shall  be 
the  duty  of  the  owner  or  occupant  of  any  premises  or 


142 


REVISED  ORDINANCES. 


lot  to  construct  good  and  sufficient  approaches  to  the 
sidewalk,  where  the  same  is  necessarily  crossed  in 
gaining  access  to  such  premises  or  lot  by  any  private 
entrance. 

Sec.  5.  Ha)iggi}ig-  of  signs.  No  sign  shall  pro¬ 
ject  from  any  store  or  other  building  into  or  over  any 
sidewalk  or  street,  unless  elevated  at  least  eight  feet 
aboye  the  same  ;  nor  shall  any  cellar  door  rise  or  pro¬ 
ject  above  the  surface  of  the  sidewalk,  under  a  penalty 
of  not  less  than  three  dollars  nor  more  then  ten  dol¬ 
lars,  for  each  offense,  and  a  like  penalty  for  every  day 
such  violation  shall  continue,  after  notice  from  the 
marshal  or  superintendent  of  streets  to  remove  the 
same. 

SEC.  6.  Obstructing-  street  crossings.  Whoever 
shall  stop  any  horse,  mule,  cattle,  or  other  animals, 
or  any  carriage,  wagon,  cart,  or  other  yehicle,  for 
pleasure  or  burthen,  on  any  of  the  crossings  of  the 
streets  in  the  city,  so  as  to  inconvenience  persons  cross¬ 
ing  the  same,  or  shall,  in  any  other  manner,  obstruct 
any  crossing,  except  so  far  as  may  be  necessary  in 
passing  over  or  across  the  same,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars  not  more  than 
ten  dollars  in  each  case. 

Sec.  7.  Discharging-  of  fire-arms.  Whoever 
shall,  in  an  inhabited  part  of  the  city,  fire  or  discharge 
any  cannon,  anyil,  gun,  pistol,  or  other  fire-arm,  or 
shall  set  off,  fire,  or  explode  any  torpedo,  fire  cracker, 
fire-ball,  rocket,  or  other  fire-works  whatever,  or  shall 
make  or  kindle  any  bonfire,  shall  be  subject  to  a  pen¬ 
alty  of  not  less  than  three  nor  more  than  one  hundred 
dollars:  Provided,  the  discharge  of  firearms,  the  set¬ 
ting  off  or  exploding  of  fire-works,  and  the  making  of 
bonfires  upon  national  holidays  and  in  the  celebration 


REVISED  ORDINANCES. 


143 


of  other  public  and  general  events,  or  the  discharge  of 
blank  cartridges  by  any  military  company  when  oil 
parade  and  in  command  of  the  commanding  officer,  or 
the  discharge  of  fire-arms  by  any  city  officer  or  other 
person  in  the  discharge  of  any  legal  duty  when  the 
same  is  done  in  such  manner  as  not  to  endanger  the 
safety  of  any  person  or  injure  any  property,  shall  not 
be  deemed  violations  hereof. 

Sec.  8.  Selling  of  poisons— regulation.  Whoever 
shall  sell  or  deliver  any  poison  known  or  used  as  deadly 
poison,  without  legibly  marking  the  name  thereof  and 
the  word  “poison”  upon  the  phial,  wrapper,  or 
other  enclosure  or  package  containing  the  same;  or 
whoever  shall  sell  or  deliver  any  arsenic,  strychnine, 
prussic  acid,  or  other  poison,  usually  known  or  used 
as  deadly  poison,  to  any  person  without  registering  the 
name  of  such  person  and  the  kind  and  quantity  of  the 
poison  sold  or  delivered  and  the  purpose  for  which  the 
same  was  obtai  ned  ;o  r  whoever  shall  sell  or  deliver 
any  such  poison  to  him  unknown,  shall  be  subject  to  a 
fine  not  exceeding  twenty-five  dollars.  But  the  sale  of 
any  such  poisons  as  medicine  upon  the  prescription  of 
practicing  physicion  shall  not  be  deemed  a  violation 
of  the  section. 

Sec.  9.  Playing"  ball — Flying  kites  in  streets*  No 

person  shall  play  at  ball  or  raise  or  fly  any  kite  in  any 
part  of  said  city  devoted  to  business  purposes,  under  a 
penalty  of  not  less  than  one  dollar  nor  more  than 
twenty  dollars  for  each  offense. 

Sec.  10.  Frightening  teams — obstructing  sitie- 
zualks.  No  person  shall  engage  in  any  game,  sport,  or 
amusement,  or  exhibit  any  animal  or  machine,  or  do 
anything  else  in  the  streets  or  upon  the.  sidewalks  of 
the  city  which  shall  have  a  tendency  to  i’righten  horses 


144 


REVISED  ORDINANCES. 


or  interfere  with  teams  and  vehicles  or  persons  passing 
along-  the  streets  and  sidewalks,  under  a  penalty  of  not 
less  than  one  dollar  nor  more  than  twenty  dollars  for 
each  offense. 

Sec.  11.  Dangerous  places  guarded.  Whoever 
shall  leave  open  any  cellar  door,  vault,  well,  cistern, 
excavation,  ditch,  or  other  like  hole,  upon  or  adjoining 
any  street,  alley,  or  sidewalk,  without  securing  or  pro¬ 
tecting  the  same  so  as  to  prevent  the  danger  of  persons 
or  animals  from  falling  therein,  shall  be  subject  to  a 
penalty  of  not  less  than  thiee  dollars. 

Sec.  12.  Playing  about  railroad  tracks— jumping 
on  trains.  It  shall  be  unlawful  for  any  boy  or  other 
person  to  play  upon  or  about  any  railroad  track, depot, 
locomotive,  or  car  within  said  city;  or  climb  upon  or 
jump  from  any  car  or  train  of  cars,  or  from  one  car  to 
another,  or  to  climb  or  jump  upon  the  same,  while  the 
same  may  be  in  motion;  and  every  boy  or  other  person 
violating  any  proyision  of  this  section  shall,  upon  con¬ 
viction,  be  fined  not  less  than  three  dollars  nor  more 
than  twenty  dollars  for  each  offense. 

Sec.  13.  Throzuing  water  prohibited.  Whoever 
shall  wilfully  turn  a  stream  of  water  from  any 
fire  hose  or  hydrant  upon  any  person,  or  upon 
any  private  premises,  on  the  occasion  of  any 
exhibition  or  tournament  or  otherwise  except  in  case 
of  a  fire,  shall  be  liable  to  a  fine  of  not  less  than  three 
nor  more  than  twenty-five  dollars  for  each  offense. 

Sec.  14.  Throzuing  of  stones ,  etc.  No  boy  or 
other  person  shall  purposely  or  heedlessly  castor  throw 
any  stone,  brick,  or  other  missile,  from  or  into  any 
street,  or  public  place,  or  at,  against,  or  into  any 
building,  or  against  any  shade  tree  or  other  property, 
or  shall  climb  upon  or  walk  upon  the  top  or  capping  of 


REVISED  ORDINANCES. 


145 


any  fence  or  railing;,  or  into  any  shade  or  ornamental 
tree  upon  any  sidewalk  or  elsewhere,  without  the  con¬ 
sent  of  the  owner  or  occupant  thereof,  or  shall  in  any 
wise  injure  or  deface  any  building,  fence,  or  shade  tree, 
or  shall  meddle  with  or  injure  any  public  well,  cistern, 
hydrant,  or  pump, within  said  city,  under  a  penalty,  in 
each  case,  of  not  less  than  three  dollars  nor  more  than 
ten  dollars. 

Sec.  15.  Driving-  unruly  animals  prohibited .  No 

person  or  persons  shall  drive,  or  cause  to  be  driven, any 
vicious, ugly,  excited, or  unruly  cow,  steer, bull,  or  other 
vicious, ugly,  or  unruly  animal  upon  or  along  any  street 
within  the  city  of  Mendota.  Any  person  violating  this 
section  shall  be  fined  not  exceeding  two  hundred  dol¬ 
lars  for  each  offense. 


ARTICLE  HI. 

Offences  against  Public  Morals  and  Decency. 

SECTION  1.  Indecent  exposure  —  lewd  act — penal¬ 
ty.  Whoever  shall,  in  said  city,  make  any  inde¬ 
cent  exposure  of  his  or  her  person,  or  shall  appear  in 
any  public  place  exposed  to  public  view,  in  a  dress  not 
belonging  to  his  or  her  sex,  or  in  an  indecent  or  lewd 
dress,  or  in  a  state  of  nudity,  or  shall  be  guilty  of  any 
other  indecent  or  lewd  act,  shall,  upon  conviction,  be 
fined  not  exeeding  two  hundred  dollars  for  each  offense. 

Sec.  2.  Indecent  exhibit  of  stallions,  jackasses, 
etc. — penalty .  Whoever  shall,  in  any  public  place  or 
places,  open  to  the  public  view,  within  the  city,  write 
or  draw,  cut  or  make,  print  or  paste,  any  lewd  or  in¬ 
decent  word,  sentence,  design,  figure,  bill,  or  poster, 
or  whoever  shall  indecently  exhibit  any  stallion,  bull, 
jackass, or  other  animal,  except  in  an  enclosed  place  out 


146 


REVISED  ORDINANCES. 


of  public  view,  shall, in  either  case,  be  subject  to  a  fine 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Sec.  3.  Exhibiting'  and  selling  obscene  publica¬ 
tions.  Any  person  who  shall  bring*  or  cause  to  be 
brought  into  said  city,  for  the  sale  or  exhibition,  or 
shall  keep,  sell,  offer,  or  expose  for  sale,  or  in  any  way 
circulate  or  distribute  any  obscene  or  indecent  publi¬ 
cation,  book,  pamphlet,  paper,  print,  picture,  illustra¬ 
tion,  model,  cast,  or  an)  instrument  or  article  of  in¬ 
decent  or  immoral  use,  or  shall  advertise  the  same  for 
sale  or  exhibition,  shall,  on  conviction  be  fined  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dol¬ 
lars. 

Sec.  4.  Exhibit  indecent  play ,  etc.— penalty . 

Whoever  shall  exhibit  or  perform,  or  assist  in  exhibit¬ 
ing  or  performing,  or  assist  in  exhibiting  or  performing 
in  said  city,  any  obscene,  indecent  or  lewd  play  or  other 
representation,  or  shall  knowingly  permit  the  same  to 
be  exhibited  or  performed  in  any  building  or  hall  owned 
or  controlled  by  him,  shall,  in  each  case,  be  subject  to 
a  fine  of  not  less  than  twenty  dollars  nor  more  than 
two  hundred  dollars. 

Sec.  5.  Keeping  gambling  house,  Whoever  shall, 
within  said  city,  set  up,  keep,  maintain,  or  support  any 
gambling  house  or  room,  or  place  used  for  the  practice 
of  gaming  or  playing  for  money  or  property,  or  shall 
knowingly  permit  any  building  or  premises  owned  or 
controlled  by  him  to  be  used  for  any  such  purpose;  or 
whoever  shall  keep  or  use,  or  permit  to  be  kept  or  used 
in  any  building  or  place  occupied,  controlled,  or  owned 
by  such  person,  any  keno  or  faro  table,  wheel  of  for¬ 
tune,  roulette,  shuffle  board,  cards,  or  other  instrument 
or  device  commonly  used  for  the  purpose  of  gaming,or 
whoever  shall  keep  or  have  in  his  possession  any  such 


REVISED  ORDINANCES. 


147 


gaming-  instruments  or  devices  for  the  purpose  of  gam¬ 
ing  therewith,  shall,  upon  conviction,  be  fined  not  less 
than  one  hundred  dollars  nor  more  than  two  hundred 
dollars  for  each  offense. 

Sec.  6.  Gambling *  devices  prohibited.  No  per¬ 
son  shall  set  up  or  expose  in  any  of  the  streets,  ave¬ 
nues, or  other  public  places  within  the  limits  of  the  city, 
any  table  or  device  of  any  kind  upon  or  by  which  any 
game  of  chance  or  hazard  can  be  played,  or  shall  play 
at  or  upon  any  such  table,  or  device,  under  a  penalty 
of  not  exceeding  two  hundred  dollars  for  each  offense. 

Sec.  7.  Frequenting  gambling  houses  — gambling . 

Whoever  shall  be  an  inmate  of  any  gaming  -house  or 
room,  or  place  used  for  the  purpose  of  gaming  within 
said  city,  or  shall  be  in  any  way  connected  therewith, 
or  shall  frequent  or  visit  the  same,  or  be  found  therein; 
or  whosoever  shall,  within  said  city,  play  for  any  money 
or  other  valuable  thing  at  any  game  with  cards,  dice, 
billiards, or  any  other  instrument  or  device  whatsoever; 
or  whoever  shall  bet  on  any  such  game  when  played  by 
others,  shall,  upon  conviction,  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  of¬ 
fense. 

Sec.  8.  Lottery  prohibited ,  Whoever  shall, 
within  said  city,  set  up,  run  or  maintain  any  lottery, 
or  shall  sell  or  Dispose  of  for  gain  any  ticket,  chance, 
or  share  in  any  lottery,  or  shall  sell  or  attempt  to  dis¬ 
pose  of  any  article  of  property  dependent  upon  any 
chance  by  dice,  lot,  tickets,  numbers  or  other  fraudu¬ 
lent  device,  or  shall  propose  or  be  in  any  way  connected 
with  any  such  lottery  or  game  of  chance;  or  whoever 
shall  knowingly  permit  any  such  lottery  business  or 
enterprise  to  be  carried  on  in  any  building  or  premises 
owned  or  controlled  by  him,  shall,  on  conviction,  be 


148 


REVISED  ORDINANCES. 


fined  not  less  than  ten  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 

Sec.  9.  Gaming  defined.  Each  and  every  sale 
or  purchase  wherein  any  part  of  the  articles  or  thing’s 
received,  or  to  be  received,  either  as  to  quantity  or 
value,  shall  in  any  manner  depend  upon  any  chance  or 
hazard,  whether  by  means  of  checks,  cards,  envelopes, 
tickets,  numbers,  dice,  or  by  any  means  whatever,  is 
hereby  declared  to  be  gaming’  within  the  meaning  of 
the  provisions  hereof,  and  as  such  to  be  unlawful.  Any 
person  so  selling  or  disposing  of  any  article  or  thing  of 
value  within  said  city,  shall  be  liable  to  a  fine  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars 
for  each  offense. 

Sec.  10.  Keeping'  bawdy-house.  Whoever  shall, 
within  said  city,  or  within  three  miles  of  the  outer  boun¬ 
daries  thereof,  keep  or  maintain,  directly  or  indirectly, 
any  bawdy  or  disorderly  house,  house  of  ill-fame,  of 
assignation,  or  place  for  the  practice  of  fornication  or 
adultery,  shall,  upon  conviction,  be  fined  in  any  sum  not 
exceeding  two  hundred  dollars  for  each  offense,  and  be 
subject  to  a  further  fine  in  like  sum  for  every  forty- 
eight  hours  after  the  first  conviction  that  such  house 
shall  be  continued  or  maintained. 

Sec.  11.  Allowing premises  to  be  used 'for  bawdy- 
house.  Whoever  shall,  within  said  city,  or  within  three 
miles  of  the  limits  thereof,  knowingly  lease,  let, or  per¬ 
mit  any  building  or  premises,  owned  by  him  or  under 
his  control,  to  be  used  in  whole  or  in  part  as  a  house  of 
ill-fame, or  house  of  assignation, or  place  for  the  practice 
of  fornication  or  adultery,  shall  be  subject  to  a  fine 

not  exceeding  two  hundred  dollars,  and  to  a  further 
fine  in  like  sum  for  every  forty-eight  hours  after  the 
first  conviction  that  he  shall  continue  to  violate  this 
section. 


REVISED  ORDINANCES. 


149 


Sec.  12  Inmates— frequenter  of  haze dy -house. 

Whoever  shall  be  an  inmate  or  occupant  of,  or  shall 
visit  or  frequent,  or  be  found  in  any  bawdy-house,  house 
of  ill-fame  or  of  assignation,  or  place  used  for  the  prac¬ 
tice  of  fornication  or  adultery,  within  said  city,  or 
withm  three  miles  of  the  limits  thereof,  shall,  on  con¬ 
viction,  be  fined  not  exceeding’  two  hundred  dollars  for 
each  offense. 

Sec.  13.  Enticing  females  and  minors  to  visit 
lazcdy  /louses.  Whoever,  shall,  within  said  city,  or 
within  three  miles  of  the  limits  thereof,  entice,  influence 
or  persuade  any  female  to  enter  or  frequent  any  bawdy- 
house,  house  of  ill-fame  or  of  assigmation,  or  place  used 
for  the  practice  of  fornication  or  adultery;  or  whoever 
shall  induce  any  minor  to  enter,  visit,  or  frequent,  or 
shall  allow  or  permit  any  minor  to  remain  in  such 
house  or  place,  shall,  for  each  offense,  be  subject  to  a 
fine  not  exceeding-  two  hundred  dollars. 

ARTICEE  IV. 

Offenses  Concerning  Property. 

Section.  1.  Destroying" property — penalty.  Who¬ 
ever  shall  wilfully,  maliciously,  or  negligently  break, 
deface,  injure  or  destroy  any  property  of  the  state, 
county  or  city,  or  the  property  of  any  private  person  or 
corporation,  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense, and  shall  also  be  liable  for  the  cost  of  repairing- 
the  injuries  committed  which  may  be  recovered  by  a 
separate  suit. 

Sec.  2.  Injuring  Trees.  Any  person  not  being- 
the  owner  who  shall  within  said  city,  cut  injure,  re¬ 
move,  or  destroy  any  fruit,  ornamental,  or  shade  tree, 


150 


REVISED  ORDINANCES. 


or  the  boxing  around  the  same,  or  any  fence,  railing’, 
gate,  post,  or  sig*n,  upon  any  public  ground,  lawn,  side¬ 
walk, or  private  premises,  or  who  shall  enter  any  priv¬ 
ate  premises  against  the  consent  of  the  owner  or  occu¬ 
pant  thereof,  or  who  shall  trespass  upon  any  private 
premises  or  public  grounds,  or  injure,  take  away, or  de¬ 
stroy  any  tree,  shrub,  fruit,  plant,  vegetable,  or  other 
thing  which  may  be  therein  for  ornament  or  utility, 
shall  on  conviction  be  fined  not  exceeding  fifty  dollars 
for  each  and  every  offense. 

Sec.  3.  Trespassing ■  on  School  property.  No 

person  shall  go  upon,  into,  pass  through,  or  over  any 
property  used  for  school  purposes,  within  said  city,  un¬ 
der  a  penalty  of  not  less  than  one  dollar  nor  more  than 
fifty  dollars:  Provided  that  this  section  shall  not  be  con¬ 
strued  as  to  apply  to  children  while  attending  school, 
teachers,  janitors,  and  other  persons  as  may  go  upon 
said  property  to  visit  said  school,  or  be  on  or  in  said 
school  property  for  any  legitimate  purpose. 

Sec.  4.  Trespassing  on  Public  Parks.  If  any 

person  shall  walk,  stand, or  lie  upon  any  part  of  the  en¬ 
closed  public  squares  or  grounds  of  this  cit}T,  laid  out 
and  appropriated  for  shrubbery  or  grass,  or  shall  pull 
up,  break  down,  or  otherwise  injure  or  destroy  any  of 
the  trees,  grass,  shrubbery,  fences,  or  other  fixtures  or 
things,  in  or  about  or  appertaining  to  any  such  public 
squares  or  grounds,  every  person  so  offending  shall  be 
fined  not  less  than  three  nor  more  than  twenty  dollars 
for  each  and  every  such  offense;  and  if  any  person  shall 
erect  any  booth  or  other  structure  on  any  such  public 
square  or  grounds,  without  the  special  permission  of 
the  mayor,  such  person  shall  be  fined  not  less  than 
three  nor  more  than  twenty  dollars  for  each  and  every 
offense. 


REVISED  ORDINANCES. 


151 


SEC.  5.  Defacing' property .  Whoever  shall,  with¬ 
out  the  consent  of  the  owner  or  occupant  of  the  premises, 
post,  put  up,  stick,  or  place  any  hand  bill,  placard, 
show  bill. or  notice,  upon  any  building*  or  fence, or  shall 
cut,  mark,  scratch,  deface,  or  otherwise  injure  any 
fence,  gate, or  railing-,  or  any  part  of  any  building-,  shall 
be  fined  not  less  than  three  dollars  nor  more  than  ten 
dollars  for  each  offense:  Provided ,  that  this  section 
shall  not  apply  to  any  officer  of  the  city  or  member  of 
the  sanitary  committee  who  may,  under  any  ordinance 
of  the  city,  put  or  post  up  a  small-pox  notice  or  notice 
of  any  contagious  or  infectious  disease. 

Sec.  6.  Defacing  poster,  etc.  No  person  or  per¬ 
sons  shall  cover,  mutilate,  deface,  tear  down,  destroy, 
or  injure  in  any  manner  anv  poster,  bill,  or  advertise¬ 
ment  lawfully  upon  any  bill  board  or  other  place  with¬ 
in  the  city  within  ten  days  after  the  same  may  have 
been  posted,  nor  until  after  the  expiration  of  the  date 
where  the  same  are  dated,  under  a  penalty  of  not  less 
than  three  dollars  nor  more  than  ten  dollars. 

Sec.  7.  Climbing  telegraph  poles,  etc.  Whoever 
shall,  in  said  city,  climb  upon  any  street-lamp  post, 
telegraph,  telephone,  or  electric  light  pole,  or  shall 
hang  or  place  upon  or  against  the  same  any  goods, 
boxes,  fuel  or  other  material,  shall,  for  each  offense, 
be  subject  to  a  fine  of  not  less  than  two  dollars  nor 
more  than  ten  dollars. 

Sec.  8.  Hitching  to  fences  and  trees.  Whoever 
shall  fasten  any  horse,  mule,  or  other  animal  to  any 
fence  or  shade  tree,  or  to  the  boxing  placed  around  any 
shade  tree,  upon  or  adjoining  any  street,  avenue,  or 
thoroughfare  in  said  city,  without  the  consent  of  the 
owner  or  occupant  of  the  adjacent  premises,  shall  be 
subject  to  a  fine  of  not  less  than  two  dollars  nor  more 
than  ten  dollars. 


152 


REVISED  ORDINANCES. 


Sec  9.  Removing •  corner  stones.  Any  person 
who  shall  wilfully  or  heedlessly  change,  remove,  or  de¬ 
stroy  any  stone,  stake,  or  post,  set  or*placed  to  mark 
the  corner  of  any  lot  or  parcel  of  ground,  street  or 
alley, or  to  show  the  grade  of  any  street,  alley, or  side¬ 
walk  of  the  city,  shall,  on  conviction,  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

Sec.  10.  Not  to  deface  city  property.  No  person 
or  minor  shall  cut,  mar,  deface,  destroy,  injure,  or  in¬ 
terfere  with  any  electric  light,  or  lamp,  pole,  post,  rope 
or  wire,  dynamo,  engine,  or  machinery  belonging  to  the 
city  of  Mendota,  under  a  penalty  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec.  11.  Not  to  use  city  property  for  advertising *. 

No  person  or  minor  shall  post,  paste,  nail,  tack,  tie, or 
otherwise  fasten  or  attach  any  bill,  poster,  advertise¬ 
ment,  sign, or  notice  of  any  kind  against,  to, or  upon  any 
pole,  post,  wire,  or  rope,  or  other  machinery  used  by 
said  city  in  connection  with  its  street  lighting  appara¬ 
tus,  or  otherwise,  under  a  penalty  of  not  less  than 
three  nor  more  than  fifty  dollars  for  each  offense. 

ARTICRE  v. 

Offenses  relating  to  Sunday. 

Section.  1.  Disturbance  on  Sunday.  Whoever 
shall  disturb  the  peace  or  shall  purposely  or  heedlessly 
interrupt  or  annoy  any  congregation  met  for  religious 
worship,  or  any  lawful  assemblies  within  the  city  of 
Mendota,  shall,  for  each  offense,  be  subject  to  a  fine 
not  exceeding  twenty-five  dollars. 


REVISED  ORDINANCES. 


153 


Sec.  2.  Engaging  in  sports  on  Sunday.  No  boy 

or  other  person  shall,  on  Sunday,  engage  in  or  pursue 
any  exercise,  game,  or  sport,  calculated  to  disturb  the 
peace  and  quiet  of  any  citizen,  or  of  any  family,  within 
said  city,  under  a  penalty  of  not  exceeding  five  dollars. 

Sec.  3.  Places  of  amusement  dosed  on  Sunday. 

Whoever  shall,  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  base-ball  grounds,  or  other 
places  of  amusement  within  said  city,  or  shall  suffer 
or  permit  persons  to  assemble  therein  for  the  purpose 
of  play  or  amusement,  shall,  for  each  offense,  be  sub¬ 
ject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars. 

ARTICLE  vi. 

Vagrants  and  paupers . 

Section  1.  Not  to  be  allowed  on  the  streets.  Any 

person  able  to  work  and  maintain  himself  or  herself  in 
some  legitimate  and  respectable  calling,  not  having 
visible  means  of  support,  who  shall  live  idly  without 
employment,  or  loiter  or  stroll  about  the  city,  begging, 
or  frequenting  gaming  houses,  disorderly  or  bawdy 
houses  or  drinking  saloons,  or  shall  otherwise  lead  an 
idle  or  profligate  life;  or  any  person  who  shall  have  in 
his  possession  any  instrument  or  tool  used  for  counter¬ 
feiting,  or  for  the  commission  of  burglary,  or  for 
picking  locks  or  pockets,  or  other  implement  or  device 
used  by  cheats  and  swindlers, .  without  being  able  to 
give  a  good  and  satisfactory  account  of  his  possession 
of  the  same;  or  who  shall  trespass  upon  private  prem¬ 
ises  in  the  night-time,  or  habitually  sleep  in  out-houses, 
stables,  lumber  yards,  or  in  railroad  cars,  without 
being  able  to  give  a  satisfactory  acconnt  of  himself; 


154 


REVISED  ORDINANCES. 


and  all  habitual  night-walkers,  or  persons  loitering  or 
strolling  about  the  streets  or  alleys  of  said  city  at  late 
or  unusual  hours  of  the  night,  shall  be  deemed  va¬ 
grants,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  or  imprisoned  in  the  city  prison  not 
exceeding  six  months. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 
23. 


CHAPTER  XXII. 

NUISANCES. 

When  stable,  pen,  etc.,  become  a  nuisance — penalty. 
When  manure,  etc.,  become  a  nuisance — penalty. 

When  cellar,  vault,  etc  ,  become  a  nuisance — penalty. 
Privies — manner  of  construction — penalty. 

When  privy  becomes  a  nuisance —penalty. 

Cleaning  privy  vault — penalty. 

Obstruction  in  water-courses,  streams,  etc. — penalty. 
Depositing-  offensive  matter  on  adjacent  lots  or  streets 
— penalty. 

Depositing-  offensive  matter,  slops,  etc  ,  nuisance — 
penalty. 

Depositing  dead  animals  in  city — penalty. 

Removal  of  dead  animal  out  of  city — penalty. 

Casting  filth  in  well  or  cistern — penalty. 
Slaughter-houses  etc. ,  becoming  offensive  a  nuisance. 
Obstructing  streets,  etc.,  a  nuisance — penalty. 
Excavations  in  streets,  etc,,  a  nuisance — penalty. 
Unsafe  scaffold  a  nuisance — penalty. 

Obstructing  streets,  etc. , by  signs, awnings, etc — penalty. 
Unsafe  coal  vault  a  nuisance — penalty. 

Unsafe  buildings — penalty. 

Leaving  open  cellar  door,  vault,  etc., — penalty. 

Posting  up  ad  vertisements  without  permission — penalty. 
Bill-board,  when  a  nuisance. 

Smoke  a  nuisance — when. 


REVISED  ORDINANCES. 


155 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

SECTION  1.  When  stable,  fen,  etc.,  become  a  nui¬ 
sance— 'penalty .  Whoever  shall  keep,  use,  or  maintain, 
or  cause  to  be  kept,  used, or  maintained,  within  the  city 
of  Mendota,  any  stable,  pen, yard,  lot,  place,  or  premi¬ 
ses,  in  which  any  horses,  cattle,  hog's,  sheep,  or  other 
animals  or  fowls  may  be  confined  in  such  a  manner  as 
to  be  noxious,  nauseous,  foul, or  offensive,  or  from  any 
cause  to  be  an  annoyance  to  any  community,  family,  or 
person,  shall  be  deemed  guilty  of  keeping-  and  main¬ 
taining-  a  nuisance,  and  upon  conviction  shall  be  fined 
in  a  sum  not  exceeding-  one  hundred  dollars  for  each  of¬ 
fense. 

Sec.  2.  When  manure  etc.,  become  a  nuisance — 
penalty.  Whoever  shall  place  or  deposit,  or  who  shall 
suffer  to  be  placed,  deposited,  or  accumulated,  on  any 
premises  owned  or  controlled  by  him,  any  heap  or  pile 
of  manure  in  such  manner  as  to  emit  noxious,  disagree¬ 
able,  or  offensive  smells  to  the  annoyance  or  detriment 
of  any  person  or  family,  or  whoever  shall  place  or  de¬ 
posit,  or  cause  to  be  placed  or  deposited,  any  manure, 
or  the  contents  of  any  privy  vault,  in  or  upon  any  pub¬ 
lic  street,  alley, or  common,  or  upon  or  along-  the  bank 
of  any  river  or  ravine  within  the  city  of  Mendota,  shall 
be  deemed  g-uilty  of  a  nuisance,  and  on  conviction  shall 
be  fined  not  exceeding-  one  hundred  dollars  for  each  of¬ 
fense. 

Sec.  3.  When  cellar,  vault,  etc. ,  becomes  a  nuisance 
—  penalty.  Whoever  shall  suffer  or  permit  any  cellar, 
vault,  drain,  pool,  privy,  sewer,  yard,  ground, or  premi¬ 
ses  belonging  to  or  controlled  by  him  to  become,  from 
any  cause,  noxious,  foul,  offensive,  or  injurious  to  the 
public  health,  or  unpleasant  or  disagreeable  to  adjacent 
residents  or  persons,  shall  be  deemed  guilty  of  a 


156 


REVISED  ORDINANCES. 


nuisance,  and,  on  conviction,  be  fined  not  exceeding-  one 
hundred  dollars. 

Sec,  4.  Privies — manner  of  construction — penalty. 
livery  tenement  in  said  city  used  as  a  dwelling-  house, 
and  every  factory  or  other  business  building-,  shall  be 
furnished  by  the  owner  or  ag*ent  of  the  same  with  a 
suitable  privy  or  water  closet.  Privies  for  dwellings 
shall  be  sunk  in  the  ground  at  least  four  feet  deep,  and 
not  less  than  six  feet  deep  for  other  buildings,  and  shall 
be  walled  up  with  brick  or  stone,  or  curbed  with  two- 
inch  plank,  and  shall  be  constructed  so  that  the  out¬ 
side  wall  thereof  shall  be  at  least  three  feet  distant 
from  the  line  of  every  adjoining  lot,  unless  the  owner 
of  such  adjoining  lot  shall  otherwise  agree, 
and  shall  be  at  least  five  feet  distant  from  any 
street  or  avenue;  and  every  owner  or  agent  of  any 
premises  who  shall  violate  or  fail  to  comply  with  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  nuisance,  and  shall  upon  conviction  thereof,  be 
fined  not  more  than  twenty-five  dollars,  and  shall  be 
subject  to  a  further  fine  of  one  dollar  for  each  day 
thereafter  he  shall  fail  to  remedy  said  nuisance. 

Sec.  5.  When  privy  becomes  a  nuisance — penalty. 

Whenever  any  privy  or  privy  vault  shall  be  kept  or 
permitted  to  remain  in  such  condition  as  to  become 
offensive  or  unwholesome  to  any  person  or  persons  in 
the  vicinity  thereof,  the  same  shall  be  deemed  a  nuis¬ 
ance;  and  any  owner  or  occupant  of  the  premises  upon 
which  such  privy  is  located,  who  shall  neglect  or  refuse 
to  abate  said  nuisance  after  being  notified  to  do  so  by 
the  health  officer,  or  any  police  officer,  or  by  any  per¬ 
son  aggrieved  thereby,  shall,  on  conviction,  be  fined 
not  exceeding  five  dollars,  and  shall  incur  a  further  fine 


REVISED  ORDINANCES. 


157 


of  one  dollar  for  every  day  thereafter  he  shall  allow 
such  nuisance  to  continue. 

Sec  6.  Cleaning' privy  vault — penalty.  No  privy 
or  privy  vault  shall  be  cleaned  or  emptied  at  any  other 
time  than  between  the  hours  of  ten  o’clock  p.  M.  and 
five  oclock  A.  M.;  and  the  contents  of  such  privy  or 
vault  shall  be  carefully  covered  by  earth  or  removed 
beyond  the  city  limits.  Any  person  violating  the  pro¬ 
visions  of  this  section  shall,  on  conviction  thereof,  be 
fined  not  more  than  fifty  dollars  for  each  offense. 

Sec.  7.  Obstructions  in  water  courses ,  streams , 

etc. — penalty.  Whoever  shall  place,  erect,  or  maintain 
any  obstruction  in  or  across  any  watercourse,  stream, 
brook,  or  ravine  so  as  to  cause  water  to  stand  and  to 
stagnate  therein,  or  shall  place  or  deposit  therein  any 
noxious  or  offensive  matter,  or  any  stone,  earth,  straw, 
hay,  manure,  dead  animal,  or  other  article  or  substance, 
or  whoever  shall,  by  any  means,  dam  up  or  obstruct 
any  sewer,  drain,  or  gutter,  shall  be  deemed  guilty  of 
keeping  and  maintaining  a  nuisance,  and,  on  conviction, 
shall  be  fined  not  more  than  fifty  dollars. 

Sec.  8.  Depositing  offensive  matter  on  adjacent 
premises  or  street — penalty.  Whoever  shall  cause  any 
nauseous,  foul,  or  putrid  liquor  or  substance,  or  any 
liquid  or  substance  likely  to  become  nauseous,  foul, 
offensive, or  putrid,  to  be  discharged, placed  or  thrown, 
or  to  flow  from  or  out  of  any  premises  into  or  upon  any 
adjacent  premises  or  any  public  street  or  alley,  or  shall 
allow  or  permit  the  same  to  be  done  by  any  person  con¬ 
nected  with  the  premises  under  his  or  her  control, shall 
be  deemed  guilty  of  creating  a  nuisance,  and  shall 
be  fined  not  more  than  one  hundred  dollars. 

Sec.  9.  Depositing  offensive  matter ,  slops ,  etc. , 
nuisance — penalty.  Whoever  shall  deposit  or  place  in 


158 


REVISED  ORDINANCES. 


or  upon  any  premises,  public  or  private,  enclosed  or 
common,  within  said  city,  any  vegetable  or  animal  mat¬ 
ter  or  slops,  or  any  filth  of  a  character  likely  to  affect 
the  public  health  or  to  produce  offensive  smells,  or  shall 
allow  or  permit  the  same  to  be  done  by  any  person  con¬ 
nected  with  the  premises  under  his  or  her  control, shall 
be  deemed  guilty  of  creating  a  nuisance,  and  on  con¬ 
viction  shall  be  fined  not  more  than  fifty  dollars  for 
each  offense. 

Sec.  10.  Depositing  dead  animals  in  the  city  — 
penalty.  No  person  shall  place  or  deposit,  or  cause  to 
be  placed  or  deposited,  at  any  place  in  said  city,  any 
dead  horse,  cow,  hog,  dog,  or  the  carcass  or  remains 
of  any  animals  whatever;  and  every  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of 
creating  a  nuisance,  and,  on  conviction,  shall  forfeit 
and  pay  not  less  than  five  dollars  nor  more  the  one  hun¬ 
dred  dollars  for  every  offense,  and  all  expeuse  of  remov¬ 
ing  and  burying  the  same,  which  shall  be  taxed  and 
collected  as  costs  against  such  person. 

Sec.  11.  Removal  of  dead  animals  out  of  city  — 

penalty.  When  any  dead  animal  shall  be  found  in  said 
city,  it  shall  be  the  duty  of  the  person  owning  such 
animal,  or  the  person  having  the  management  and  con¬ 
trol  of  the  same  at  the  time  of  its  death,  or  of  the  person 
who  deposited,  or  caused  the  same  to  be  deposited,  to 
remove  said  animal  forthwith  beyond  the  limits  of  the 
city  and  bury  the  same;  and  if  the  owner  of  such  ani¬ 
mal,  or  the  person  having  the  management  or  control 
of  the  same,  or  the  person  who  deposited  it,  on  being 
notified  thereof  by  the  city  marshal  or  any  policeman 
or  other  person,  shall,  after  a  reasonable  time,  refuse 
or  neglect  to  remove  and  bury  the  same  as  herein  re¬ 
quired,  he  shall  forfeit  and  pay  not  less  than  five  nor 


REVISED  ORDINANCES.  159 


more  than  one  hundred  dollars  for  every  offense,  and 
shall  also  pay  the  expense  of  removing’  and  burying'  the 
same,  which  shall  be  taxed  and  collected  as  costs 
against  such  person. 

Sec.  12.  Casting *  filth  in  zvcll  or  cistern — penalty. 

Whoever  shall  throw,  cast,  or  deposit  any  filth,  sub¬ 
stance,  or  thing’  of  an  offensive  character  in  any  public 
or  private  well  or  cistern,  shall  be  guilty  of  creating- a 
nuisance,  and,  on  conviction,  shall  be  fined  not  less 
than  five  nor  more  than  one  hundred  dollars. 

Sec.  13.  Slaughter  houses,  etc.,  becoming  offen¬ 
sive  a  nuisance .  Whoever  shall  hereafter  erect  or  set 
in  operation,  within  said  city,  or  within  one  mile  of  the 
limits  thereof,  any  slaughter  establishment,  bone  fac¬ 
tory,  or  establishment  for  steaming-  or  rendering-  lard, 
tallow,  offal,  or  other  substances;  or  whoever,  within 
the  limits  aforesaid,  shall  conduct  or  carry  on  such 
establishment  or  business,  now  established,  so  that  the 
same  shall  become  foul  or  offensive,  or  sh^.11  emit  un¬ 
wholesome  or  disagreeable  smells  or  oders  to  such  an 
extent  as  to  be  detrimental  to  the  public  health,  shall 
be  deemed  guilty  of  a  nuisance,  and,  on  conviction, 
shall  be  fined  not  exceeding  one  hundred  dollars  for 
each  and  every  offense. 

Sec.  14.  Obstruction  of  streets,  etc. — penalty.  All 

obstructions  to  streets,  alleys,  crossings,  or  sidewalks 
of  the  city,  and  all  excavations  in  or  under  the  same 
which  are  by  ordinance  prohibited,  or  which  may  be 
made  without  lawful  permission,  are  hereby  declared 
to  be  nuisances,  and  the  person  erecting,  keeping,  or 
maintaining  any  such  shall,  in  addition  to  any  penalty 
specifically  denounced  against  the  same,  be  subject  to 
a  fine  of  not  more  than  fifty  dollars. 


160 


REVISED  ORDINANCES. 


Sec.  15.  Excavations  in  streets ,  etc.,  a  nuisance  — 
-penalty.  Whoever  shall,  for  any  purpose,  dig-  or  make 
any  ditch,  drain,  excavation,  or  hole  in,  across,  or  under 
any  street,  alley,  sidewalk  or  other  public  place  with¬ 
in  said  city,  and  shall  not  with  all  reasonable  dispatch 
refill  the  same  and  fix  such  street,  alley,  sidewalk,  or 
place  in  as  g-ood  condition  as  the  same  was  found;  or 
whoever  shall,  during-  the  existence  or  continuance  of 
any  such  ditch,  drain,  excavation,  or  hole,  fail  to  have 
the  same  so  watched,  g-uarded,  and  protected  as  to  in¬ 
sure  the  safety  of  all  persons  who  may  or  mig-ht  pass 
by  or  near  the  same,  shall  be  deemed  g-uilty  of  main¬ 
taining-  a  nuisance,  and  on  conviction,  shall  be  fined  not 
more  than  one  hundred  dollars. 

Sec.  16.  Unsafe  scaffold  a  nuisance — penalty. 

Whoever  shall  erect  or  use,  or  shall  cause  or  suffer  to 
be  erected  or  used,  within  said  city,  any  insecure  or  un¬ 
safe  scaffold,  whereby  the  safety  of  persons  working 
thereon  or  passing  thereunder  may  be  in  any  manner 
endangered,  shall  be  deemed  guilty  of  creating  a  nuis¬ 
ance,  and,  on  conviction,  shall  be  fined  not  more  than 
fifty  dollars. 

Sec.  17.  Obstructing' street,  die.,  by  sign,  awning , 
die, — penalty.  Whoever  shall  erect,  suspend,  keep,  or 
maintain  any  sign,  awning,  goods,  clothing,  or  other 
structure,  or  thing  over  or  across  any  street  or  side¬ 
walk  of  the  city,  or  any  tree  or  shrub  with  branches 
overhanging  the  same  in  such  manner  as  to  obstruct 
such  sidewalk  or  street,  or  render  travel  thereon  in¬ 
convenient  or  unsafe;  or  whoever  shall  suffer  any  awn¬ 
ing,  sign,  or  structure  over  any  street  or  sidewalk  to 
be  out  of  repair  or  in  an  insecure  or  unsafe  condition, 
shall  be  deemed  guilty  of  a  nuisance,  and  on  conviction 
shall  be  fined  not  exceeding  fifty  dollars. 


REVISED  ORDINANCES. 


161 


Sec.  18.  Unsafe  coal  vault  a  nuisance — penalty. 
Elver}"  coal  vault  or  other  excavation  beneath  any  side¬ 
walk  or  street  of  said  city,  which  is  so  constructed,  or 
so  insufficiently  covered  as  to  be  unsafe  or  insecure,  or 
to  endanger  the  lives  or  limbs  of  persons  passing-  over 
or  by  the  same,  is  hereby  declared  to  be  a  nuisance,  and 
the  person  keeping-  or  maintaining  the  same  shall  be 
fined  therefor  not  more  than  one  hundred  dollars. 

Sec.  19.  Unsafe  building's — ft malty.  No  person 
shall,  within  said  city,  erect  or  maintain  any  insecure 
or  unsafe  building,  stack,  wall,  chimney,  or  other 
structure,  which,  from  its  situation,  mode  of  construc¬ 
tion,  or  other  cause,  may  be  dangerous  to  persons  or 
property.  Any  person  violating  this  section  shall  be 
deemed  guilty  of  ^maintaining  a  nuisance,  and  shall  on 
conviction  be  fined  not  exceeding  one  hundred  dollars. 

Sec.  20.  Leaving1  open  cellar  door ,  vault ,  die. — 
penalty.  Whoever  shall  keep  or  leave  open,  or  shall 
allow  or  suffer  to  be  left  open,  any  cellar  or  trap-door, 
or  the  grating  of  any  vault  in  or  upon  any  sidewalk, 
street,  thoroughfare, or  passage-way;  or  whoever  shall 
make,  keep,  or  maintain  any  uncovered  opening  in  any 
sidewalk  or  passage-way,  or  whoever  shall  suffer  or 
allow  any  sidewalk  or  foot- way,  which  it  is  his  duty  to 
maintain  or  repair,  to  become  or  continue  so  broken, 
uneven,  or  out  of  repair,  as  to  endanger  life  or  limb, 
shall  be  deemed  guilty  of  maintaining  a  nuisance,  and 
on  conyiction  shall  be  fined  not  more  than  one  hundred 
dollars  for  each  offense. 

Sec  21.  Pasting-  up  advertisements  without  per¬ 
mission — penalty.  The  pasting,  sticking,  or  placing  of 
any  advertisement,  handbill,  placard,  or  of  any  printed, 
pictured,  or  written  matter,  or  thing  whatsoever,  upon 
any  house,  wall,  building,  fence,  railing,  sidewalk  or 


162 


REVISED  ORDINANCES. 


other  property,  public  or  private,  without  permission 
of  the  owner  or  person  in  charge  thereof,  is  hereby  de¬ 
clared  a  nuisance,  and  any  person  found  guilty  of  so 
doing,  shall  be  fined  not  exceeding  twenty  dollars. 

Sec.  22.  Bill- board — when  a  nuisance.  Whoever 
shall  erect,  keep,  or  maintain  any  bill-board  or  board 
for  advertising  upon  any  public  ground  or  place,  or 
upon  any  private  premises,  adjacent  sidewalk,  street, 
or  foot-way,  the  same  being  so  erected  as  to  occasion 
danger  or  inconvenience  to  the  public,  shall  be  deemed 
guilty  of  erecting  a  nuisance,  and  be  fined  not  exceed¬ 
ing  one  hundred  dollars. 

Sec.  23.  Smoke ,  etc.,  a  nuisance  -  when  Any 

engine,  locomotive,  or  boiler,  and  any  manufacturing 
establishment,  mill,  shop,  store,  or  other  place,  or  any 
chimney,  smokestack,  or  other  structure  attached  to, 
or  used  in  connection  with  any  of  the  same,  which  shall 
be  operated,  maintained,  carried  on,  occupied,  or  used 
in  such  a  situation, location. or  manner  within  the  limits 
of  said  city  as  to  be  noxious,  nauseous,  or  offensive,  or 
so  as  to  cause  physical  discomfort  to  any  persons  re¬ 
siding  or  doing  business  in  the  neighborhood,  where 
the  same  may  be,  or  so  as  to  materially  damage  property, 
by  means  of  the  emission  of  dense  smoke,  soot,  cinders, 
or  by  any  other  means  whatever,  shall  be  deemed  and 
is  hereby  declared  to  be  a  public  nuisance,  and  every 
person,  company,  or  corporation,  whether  as  owner,  les¬ 
see,  employe, or  agent,  who  shall  permit,  allow, or  cause 
any  such  nuisance  to  exist  shall  be  deemed  guilty  of 
maintaining  the  same  and  shall  be  subject  to  a  penaltv 
not  exceeding  one  hundred  dollars  for  each  offense,  and 
to  a  like  penalty  for  each  day  such  nuisance  shall  be 
continued. 


REVISED  ORDINANCES. 


163 


CHAPTER  XXIII. 


PLUMBERS. 


Section 


1.  The  licensing-  of  plumbers. 

2.  Qualification  of  plumbers. 

3.  Bond. 

4.  Liability  of  plumbers. 

5.  Permits- -notice  to  clerk. 

6.  License  fee. 

7.  Manner  in  which  plumbing  is  to  be  done. 

8.  Material  used — how  laid. 

9.  Size  of  pipes. 

10.  Penalties. 

11.  Repeal. 


Be  it  ordained  by'the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Licensing ■  of  plumbers .  That  for  the 
purposes  of  furnishing-  water  to  applicants  and  con¬ 
sumers  through  the  mains  and  laterals  of  the  Mendota 
Water  Works  pipe  system,  in  the  city  of  Mendota, 
there  shall  be  provided  hereby  Licensed  Plumbers , 
who  shall  be  authorized  and  permitted  to  tap  mains 
and  laterals,  and  extend  service  pipes  from  said  Water 
Works  pipe  system  in  accordance  with  the  following 
rules  and  regulations;  and  no  attachments  or  plumbing 
of  any  character  shall  be  allowed  to  be  done  by  any 
person  whatsoever,  whereby  a  water  supply  is  ob¬ 
tained  from  the  Water  System  of  said  city  of  Mendota, 
except  by  a  licensed  plumber  under  these  rules  : 

Sec.  2.  Qualifications  of  ft  lumbers.  A  licensed 
city  plumber  shall  be  one  thoroughly  educated  to  his 
art,  and  shall  be  competent  as  a  plumber  to  tap  and 
close  by  cocks  and  service  supply  pipe,  such  main  or 
lateral  pipe,  or  extend  service  pipes,  as  the  necessities 
and  workmanship  therefore  require,  without  risk  or 
damage  to  the  pipe  system  of  said  Water  Works. 


164 


REVISED  ORDINANCES. 


Sec.  3.  Bond.  He  shall  gave  bond  and  security 
for  the  faithful  performance  of  his  workmanship  in 
such  service,  and  for  any  damage  accruing-  to  said  city 
by  negligence  in  the  sum  of  five  hundred  dollars,  pay¬ 
able  to  the  city  of  Mendota,  Illinois. 

Sec.  4.  Liability  of  plumbers.  He  shall  be  held 
accountable, upon  being-  so  licensed,  for  the  street,  gut¬ 
ter,  and  pavement  openings  by  trench  made  by  him  for 
the  purpose  of  tapping  water  mains  or  lateral  pipes  or 
extension  of  service  pipe  (under  ground)  until  re-covered 
and  in  like  condition  as  before  trenched  or  opened;  and 
during  the  progress  of  such  work  shall  carefully  guard 
by  day,  and  by  danger  signal  at  night,  all  such  open 
trenches. 

Sec.  5.  Permits  — contents— notice  to  clerk.  He 

shall  be  governed  by  written  and  printed  permit  issued 
by  the  water  committee  in  each  and  everv  labor  of 
plumbing  or  repairing  wherein  the  City  of  Mendota, 
furnish  water  thereby,  in  size  of  tap,  and  diameter  of 
service  pipe,  and  shall  not  exceed  the  enumerated  pur¬ 
poses  applied  for,  and  enumerated  in  said  permit  in  the 
use  or  distribution  of  said  Water  Service,  upon  or  in 
the  premises  named  in  said  permit,  and  shall  be  held 
responsible,  with  his  securities,  for  any  breakage  of 
main,  lateral,  or  service  pipe,  the  property  of  said  citv, 
while  so  engaged  in  tapping  or  extending  as  aforesaid. 
No  tapping  of  main  or  lateral,  or  extension  of  service 
pipes  shrill  at  any  time  be  made,  except  by  application 
and  permit  at  the  date  of,  and  for  purposes  contained 
in  such  permit;  and  upon  completion  of  such  permitted 
plumbing,  water  being  ready  for  use,  he  shall  notify 
the  city  collector  of  water  rents  within  twenty-four 
hours  after  such  completion,  of  strict  compliance  with 
said  permit,  and  applicant's  liability  for  water  rent. 


REVISED  ORDINANCES. 


165 


Sec.  6.  License  fee.  He  shall  procure  from  the 
city  clerk  of  said  city  a  license  as  plumber,  at  a  license 
fee  of  ten  dollars  per  annum,  and  when  so  licensed  shall 
be  an  authorized  city  plumber:  Provided ,  the  same  may 
be  revoked  for  cause  or  violation  of  these  rules  upon 
complaint  and  proof.  Revocation  shall  be  a  suspension 
of  license  for  co-partners  or  employees  of  said  partner¬ 
ship. 

Sec  7.  Manner  in  which  plumbing'  is  to  be  done. 
Plumbing  done  by  authority  of  license  and  permit, 
must  be  sufficiently  strong-  to  resist  the  pressure  and 
ram  of  the  water;  the  street  main  must  be  tapped  in 
the  bodv,  and  in  no  case  nearer  than  fifteen  inches  of 
either  end  of  the  jointed  pipe  so  tapped;  there  shall  be 
a  stop-cock  placed  in  every  attachment  to  main,  lateral, 
or  extension  of  seryice  supply  pipe — in  streets,  under 
the  sidewalk  within  one  foot  of  the  curbstone;  in  alleys, 
within  one  foot  of  the  side  line  of  the  same.  Rach 
house  shall  have  a  separate  hydrant  and  stop-cock;  the 
latter  four  feet  below  grade,  and  with  a  square  head 
of  uniform  size,  to  be  enclosed  in  substantial  iron  cas¬ 
ing-,  coming-  to  grade,  with  a  tig-ht  fitting-  iron  cover 
with  the  word  “water”  or  “W”  cast  on  said  cover.  A 
stop  and  waste-cock  shall  be  attached  to  every  service 
supply  pipe  at  a  point  inside  and  near  the  wall  of  build¬ 
ing-  entered  thereby  to  permit  water  “shutoff”  during 
frostv  weather  and  exposed  pipes  emptied.  All  street 
washers  or  sprinklers  placed  in  connection  with  the 
pipe  supplying-  the  building-  shall  be  controlled  by  a 
stop  cock,  so  as  to  admit  of  water  being-  turned  off 
from  the  street  without  interfering-  with  the  supply  for 
the  building-. 

Sec.  8.  Material  used — how  laid.  The  materials 
used  in  plumbing  and  for  the  purpose  of  introducing 


166 


REVISED  ORDINANCES. 


water  into  building's,  or  upon  premises  whereby  a  sup¬ 
ply  is  furnished  by  the  city  water  wTorks,  shall  be  of 
first  class  quality  as  to  all  parts  thereof  and  service 
supply  pipe  shall  at  all  times  and  places  be  laid  not 
less  than  four  (4)  feet  below  the  surface  of  the  ground 
laid  in. 

Sec.  9.  Size  of  pipes.  All  applications  for  mak¬ 
ing*  attachments  to  main  pipe  being-  larger  than  one 
inch  tap,  must  have  the  approval  of  the  committee  on 
water  before  a  permit  shall  be  issued. 

Sec.  10.  Penalties.  Any  plumber  who  shall  be 
g'uilty  of  a  violation  of  any  of  the  provisions  of  this 
ordinance,  or  any  person  not  being-  licensed  under  this 
ordinance,  who  shall  tap  said  water  mains,  shall  be 
subject  to  a  fine  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  for  each  offense  and  a  convic¬ 
tion  of  any  licensed  plumber  of  the  violation  of  any  of 
the  provisions  of  this  ordinance  shall  work  a  forfeiture 
of  his  said  license. 

Sec.  11.  Repeal.  All  ordinances  or  parts  of  ordi¬ 
nance  in  conflict  with  this  ordinance  are  hereby  re¬ 
pealed. 


REVISED  ORDINANCES. 


167 


Section 


Section 


Section 


CHAPTER  XXIV. 

POLICE  department. 


ARTICLE  I. 

l)e pa rtm en t  Created . 

1.  Department  created. 

ARTICLE  II. 

THE  CITY  MARSHAL. 

1.  Term. 

2.  Election — oath— bond. 

3.  Devote  entire  time — offenders. 

4.  Control  of  police  force — absence. 

5.  Serving  process  within  city. 

G.  Serving  process  without  city. 

7.  Calling  on  bystanders. 

8.  Attend  meetings  of  council. 

9.  Keep  record. 

10.  Monthly  reports. 

11.  Care  of  property. 

12.  Salary. 

13.  Fees. 

ARTICLE  III. 

NIGHT  POLICE. 

1.  Term. 

2.  Appointment — oath — bond. 

3.  Duties. 

4.  Serving  process  within  city. 

5.  Serving  process  without  city. 

6.  Calling  on  bystanders  for  assistance. 

7.  Salary. 


168 


REVISED  ORDINANCES. 


ARTICEE  IV. 

SPECIAE  POLICE. 

Section  1.  Appointment,  oath — bond. 

2.  Special  police  for  association,  etc. 

3.  Repeal. 

ARTICLE  I. 

Be  pa  r  t  men  t  Created. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  Department  created.  There  is  here¬ 
by  established  an  executive  department  of  the  munici¬ 
pal  government  of  the  city  of  Mendota,  which  shall  be 
known  as  the  “Police  Department,”  and  shall  embrace 
one  city  marshal,  one  night  police,  and  such  number  of 
policemen  as  the  council  may,  by  resolution,  determine 
to  be  necessary. 

ARTICLE  II. 

The  City  Marshal .' 

Section  1.  Term.  The  city  marshal  shall  be 
chief  of  the  police  department  and  shall  hold  his  office 
for  the  term  of  one  year,  and  until  his  successor  shall 
be  duly  elected  and  qualified. 

Sec.  2.  Election — oath — bond.  The  city  marshal 
shall  be  elected  at  the  annual  election  each  year,  and 
before  entering  upon  the  duties  of  his  office  shall  take 
the  oath  prescribed  for  other  city  officers  and  enter  in¬ 
to  a  bond  in  the  penal  sum  of  five  hundred  dollars  with 
good  and  sufficient  sureties  to  be  approved  by  the  city 
council,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office. 


REVISED  ORDINANCES. 


169 


Sec.  3.  Devote  entire  time — offenders.  The  city 
marshal  shall  devote  his  whole  time  and  energy 
to  the  discharge  ot  the  duties  of  his  office.  He  shall 
wear  a  badge  or  star  on  which  shall  be  inscribed  “city 
marshal,”  and  he  shall  see  that  the  laws  and  ordinances 
of  the  city  are  enforced  as  far  as  possible  by  the  force 
under  his  command,  and  that  all  offenders  are  report¬ 
ed  to  some  proper  tribunal  for  punishment. 

Sec.  4.  Control  of  police  force — absence.  The 
city  marshal  shall  be  the  commanding  officer  of  the 
police  force  of  the  city,  subject  to  the  mayor  and  the 
rules  and  regulations  prescribed  by  the  city  council. 
The  marshal  shall  in  no  case  absent  himself  from  the 
city  without  notifying  the  mayor  of  his  intended  ab¬ 
sence  where  the  same  is  practicable. 

Sec.  5.  Serving'  process  within  the  city.  He  shall 
have  power  and  authority,  within  the  corporate  limits 
of  said  city,  to  serve  and  execute  warrants  and  other 
legal  process  for  the  apprehension  and  commitment  of 
persons  charged  with  or  held  for  the  commission  of  any 
crime  or  misdemeanor,  or  the  violation  of  any  law  or 
ordinance  of  said  city,  and  while  serving  or  executing, 
or  assisting  in  the  service  or  executing,  of  any  such 
warrant  or  legal  process,  he  shall  be  vested  with  all 
the  common  law  and  statuary  powers  of  constables  for 
such  purposes. 

Sec.  6.  Serving  process  zvithout  the  city  limits. 
He  shall  also  have  power  and  authority  to  execute  city 
warrants,  or  other  legal  process,  without  the  corpor¬ 
ate  limits  of  the  city,  and  within  such  distance  there¬ 
from  as  is  authorized  by  law,  in  all  cases  when  any 
ordinance  of  the  city  council,  made  pursuant  to  law, 
shall  prescribe  a  penalty  for  the  violation  of  any  of  its 


170 


REVISED  ORDINANCES. 


provisions  by  persons  residing’,  acting*,  or  doing*  busi¬ 
ness  without  the  limits  of  said  city. 

Sec.  7.  Calling'  on  bystanders  for  assistance .  He 

may,  at  any  time,  call  upon  any  able-bodied  male  per¬ 
son,  above  the  ag*e  of  eighteen  years  to  aid  him  in 
arresting*,  retaking,  or  holding  in  custody  any  person 
guilty  of  having  committed  any  unlawful  act,  or 
charged  therewith,  or  to  aid  such  officer  in  preventing 
the  commission  of  any  unlawful  act;  and  whoever  shall 
neglect  or  refuse  to  give  such  aid  or  assistance  when  so 
required,  shall  incur  a  penalty  of  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

Sec.  8.  Attend  meetings  of  council \  die.  He 

shall  attend,  in  person,  all  meetings  of  the  city  council, 
execute  all  its  orders,  and  all  warrants  or  other  legal 
process  required  to  be  executed  by  him  under  any  ord¬ 
inance  of  the  city. 

Sec.  9.  Keef  folicc  record.  Said  city  marshal 
shall  keep,  or  cause  to  be  kept,  books  of  record  of  the 
police  department,  and  of  all  persons  arrested  or  com¬ 
mitted  by  the  police,  showing  the  time  and  place  of 
each  arrest,  the  offense  for  which  the  same  was  made, 
the  magistrate,  or  court,  before  whom  such  person  was 
tried,  and  the  disposition  of  each  case. 

Sec.  10.  Monthly  reports.  He  shall,  on  the  first 
Monday  in  each  month,  make  a  written  report  to  the 
city  council,  showing  the  number  of  arrests  made  by 
the  police  force  during  the  preceeding  month,  the  name 
of  each  person  arrested,  the  policeman  making  the  ar¬ 
rest,  the  offense  charged,  the  magistrate  before  whom 
tried,  the  disposition  of  the  case,  the  amount  of  fine  im¬ 
posed,  if  any,  and  the  amount  of  such  fine  collected. 


REVISED  ORDINANCES. 


171 


Sec.  11.  Care  of  property.  Said  marshal  shall 
have  the  care,  custody, and  control  of  all  books,  records, 
equipments, and  other  property  belonging-  to  the  police 
department,  and  of  all  stolen  goods  seized  and  retained 
by  police  authority.  Upon  the  expiration  of  his  term 
of  office,  or  his  resignation,  or  removal  therefrom,  he 
shall,  on  demand,  surrender  to  his  successor  in  office 
all  books,  records,  equipments, and  property  in  his  pos¬ 
session  belonging  to  the  city,  or  appertaining  to  said 
office. 

Sec.  12.  Salary.  The  city  marshal  shall  receive 
an  annual  salary  of  six  hundred  dollars,  to  be  paid  in 
monthly  installments. 

Sec.  13.  Fees.  The  city  marshal,  in  addition  to 
his  salary,  shall  be  entitled  to  collect  for  the  services 
hereinafter  enumerated,  the  following  fees,  viz.:  For 
attending  trial  and  waiting  on  a  jury,  fifty  cents;  for 
mileage  when  serving  a  warrant,  subpoena,  or  other 
process,  five  cents  a  mile  each  way;  for  serving  and  re¬ 
turning  a  warrant,  for  each  person  served,  fifty  cents; 
for  serving  a  subpoena,  for  each  person  served,  twenty- 
five  cents;  for  serving  venire,  fifty  cents;  for  serving 
mittimus,  fifty  cents.  Which  said  fees  shall  be  taxed 
and  recovered  as  costs  against  the  defendant  or  defend¬ 
ants  in  all  cases  arising  under  the  ordinances  of  the  city 
wherein  the  defendant  or  defendants  are  found  guilty: 
Provided \  that  no  costs  whatever  shall  be  taxed  or  re¬ 
covered  against  the  city, 

article  hi. 

Night  Police. 

Section  1.  Term.  The  night  police  shall  hold 
his  office  for  the  term  of  one  year,  and  until  his  succes¬ 
sor  shall  be  appointed  and  qualified. 


172 


REVISED  ORDINANCES. 


Sec.  2.  Appointment — oath — bond.  The  night 
police  shall  be  appointed  by  the  mayor,  by  and  with 
the  advice  and  consent  of  the  city  council,  on  the  first 
Monday  in  May  annually,  and  before  entering-  upon  the 
duties  of  his  office  shall  take  the  oath  prescribed  for 
other  city  officers,  and  enter  into  a  bond  in  the  penal 
sum  of  five  hundred  dollars,  with  g-ood  and  sufficient 
sureties  to  be  approved  by  the  city  council,  conditioned 
for  the  faithful  discharg-e  of  the  duties  of  his  office. 

Sec.  3.  Duties.  He  shall  perform  all  the  duties 
of  a  police  officer,  shall  wear  a  badg-e  or  star  on  which 
shall  be  inscribed  “city  police,  ”  and  see  that  the  laws 
and  ordinances  are  enforced,  and  that  all  offenders  are 
arraig-ned  before  some  proper  tribunal  for  punishment. 

Sec.  4.  Serving'  process  within  city.  He  shall 
have  power  and  authority  within  the  corporate  limits 
of  said  city  to  execute  warrants  and  other  deg-al  pro¬ 
cess  for  the  apprehension  and  commitment  of  persons 
charg-ed  with  or  held  for  the  commission  of  any  crime 
or  misdemeanor,  or  the  violation  of  any  law  or  ordi¬ 
nance  of  said  city,  and  while  serving*  or  executing-,  or 
assisting-  in  the  service  of  any  such  warrant  or  leg-al 
process,  he  shall  be  vested  with  all  the  common  law 
and  statutory  powers  of  constables  for  such  purposes. 

Sec.  5.  Serving  process  without  the  city  limits. 
He  shall  also  have  power  and  authority  to  execute  city 
warrants  or  other  leg-al  process  without  the  corporate 
limits  of  the  city,  and  within  such  distance  therefrom 
as  is  authorized  by  law  in  cases  where  any  ordinance 
of  the  city  council,  made  pursuant  to  law,  shall  pre¬ 
scribe  a  penalty  for  the  violation  of  any  of  its  provi¬ 
sions  by  persons  residing-,  acting-,  or  doing  business 
without  the  limits  of  said  city. 


REVISED  ORDINANCES. 


173 


Sec.  6.  Calling'  on  bystanders  for  assistance.  He 

may,  at  any  time,  call  upon  any  able-bodied  male  per¬ 
son  above  the  age  of  eighteen  years,  to  assist  him  in 
arresting,  retaking,  or  holding  in  custody  any  person 
guilty  of  having  committed  any  unlawful  act,  or 
charged  therewith,  and  whoever  shall  neglect  or  refuse 
to  give  such  aid  or  assistance,  when  so  required,  shall 
incur  a  penalty  of  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars  for  each  offense. 

Sec.  7.  Salary.  The  night  police  shall  receive 
an  annual  salary  of  six  hundred  dollars,  payable 
monthly. 

ARTICLE  iv. 

Special  Police. 

Section  1.  Special  police.  Whenever  the  mayor 
shall  deem  it  necessary  to  establish  a  temporary  night 
watchman,  or  temporarily  to  increase  the  number  of 
watchmen  or  policemen,  he  may  appoint,  in  writing, 
under  the  corporate  seal,  a  suitable  number  of  reput¬ 
able  and  discreet  citizens  of  the  city  as  temporary 
watchmen  or  policemen,  whose  powers,  duties, and  lia¬ 
bilities  shall  be  the  same  as  other  watchmen  and  police¬ 
men,  and  who  shall  take  and  subscribe  the  same  oath 
and  shall  be  required  to  execute  bond  to  the  city  of 
Mendota  in  like  manner.  The  mayor  shall  report  all 
such  temporary  appointments  to  the  city  council  at  its 
next  regular  meeting,  and  the  city  council  may  continue 
or  discontinue  the  same  in  its  discretion,  and  the  per¬ 
son  so  appointed  shall  receive  such  reasonable  compen¬ 
sation  as  may  be  fixed  by  the  city  council. 

Sec  2'  special  police  for  corporations ,  associa¬ 
tions  and  firms.  The  mayor  and  city  council  may,  on 
application  being  made  to  them,  appoint  any  suitable 


174 


REVISED  ORDINANCES. 


person  in  the  employ  of  any  corporation, association,  or 
firm,  a  special  policeman  in  and  for  said  city;  or  they 
may,  if  they  deem  proper,  appoint  an}T  person  employed 
in  any  other  branch  of  the  city  service  to  be  such  special 
policeman.  Special  policemen  shall  have  all  the  quali¬ 
fications  required  in  the  case  of  regular  policemen;  they 
shall  take  and  subscribe  the  same  oath,  give  like  bond, 
exercise  the  same  powers,  and  be  subject  to  the  rules 
and  regulations  of  the  police  department,  so  far  as  the 
same  are  applicable  to  them:  Provided ',  however ,  that 
such  special  policemen  shall  receive  no  pay  from  the 
city  for  their  service. 

Sec.  3,  Repeal.  All  ordinances  or  parts  of 
ordinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 

CHAPTER  XXV. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 


PUBEIC  HEAETH. 

Department  created — term,  appointment,  etc. 

Keep  books. 

Advise  city  authorities — investigate  diseases. 

Enforce  laws  and  ordinances. 

Abate  nuisances — Notices. 

Removal  and  care  of  persons  with  contagious  diseases. 
Small-pox  and  other  notices. 

Order  vaccination — penalty. 

Remove  filth — prevent  spread  of  disease. 

Report  of  physicians. 

Health  inspector — appointment,  etc . 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Department  created.  There  is  here¬ 
by  created  a  department  to  be  known  as  the  “Health 
Department”  and  shall  be  under  the  supervision  of 
three  members  of  the  city  council,  to  be  known  as  the 


REVISED  ORDINANCES. 


175 


Health  Committee,  said  committee  shall  be  appointed 
by  the  Mayor  on  the  first  Monday  in  May  in  each  year 
and  shall  be  one  of  the  standing*  committees  of  the  city 
council. 

Sec.  2.  Keef  books.  They  shall  keep  a  full  ac¬ 
count  of  the  proceedings  and  expenses  in  a  book  to  be 
provided  for  that  purpose,  which  book  shall  be  the 
property  of  the  city. 

Sec.  3.  Advise  city  authorities — investigate  dis¬ 
eases.  The  health  committee  shall  give  the  mayor  and 
other  city  authorities  all  such  advice  and  information 
as  they  may  require  with  a  view  to  the  preservation  of 
the  public  health  ;  and  whenever  they  shall  hear  of 
the  existence  of  any  malignant,  contagious,  or  pesti¬ 
lential  disease,  they  shall  investigate  the  same  and 
adopt  measures  to  arrest  its  progress. 

Sec.  4.  Enforce  lazvs  and  ordinances.  It  is  here¬ 
by  made  the  duty  of  the  health  committe  to  enforce  all 
laws  of  the  state  and  ordinances  of  the  city  in  relation 
to  the  sanitary  regulations  of  the  city,  and  cause  all 
nuisances  to  be  abated  with  all  reasonable  promptness; 
and,  for  the  purpose  of  carrying  out  the  foregoing  re¬ 
quirements,  they  shall  be  permitted  at  all  times,  from 
the  rising  to  the  setting  of  the  sun  to  enter  into  any 
house,  store,  stable, or  other  building,  and  to  cause  the 
floor  to  be  raised,  if  they  deem  necessary,  in  order  to  a 
thorough  examination  of  the  cellar,  vault,  sinks,  or 
drains,  and  cause  all  privies  to  be  cleaned  and  kept  in 
good  condition  and  to  cause  all  dead  animals  or  other 
nauseous  or  other  unwholesome  things  or  substances 
to  be  buried,  removed  or  disposed  of  as  they  may  direct. 

Sec.  5.  Abate  nuisances  — notices.  In  order  to 
carry  out  the  provisions  of  the  foregoing  section,  it  is 
hereby  made  the  duty  of  the  health  committee  to  serve 


176 


REVISED  ORDINANCES. 


a  notice,  in  writing,  upon  the  owner,  occupant, or  agent 
of  any  lot,  building, or  premises  in  or  upon  which  any 
nuisance  may  be  found,  or  who  may  be  the  owner  or 
cause  of  any  such  nuisance,  requiring  them  to  abate  the 
same  in  such  manner  as  they  shall  prescribe,  within 
reasonable  time;  such  notice  (and  all  other  notices  per¬ 
taining  to  the  health  department)  shall  be  delivered  to 
the  city  marshal  or  any  policeman  of  said  city  to  serve; 
and  it  is  hereby  made  the  duty  of  the  city  marshal  and 
the  members  of  the  police  force  of  said  city  to  serve 
any  and  all  notices  which  may  be  delivered  to  them  by 
the  health  committee.  If  such  owner,  occupant,  or 
agent,  shall  neglect  or  refuse  to  comply  with  the  re¬ 
quirements  of  such  order,  within  the  time  specified, 
they  shall  be  subject  to  a  fine  of  not  less  than  five  dol¬ 
lars  nor  more  than  two  hundred  dollars  for  every  such 
violation,  and  it  shall  be  the  duty  of  the  said  commit¬ 
tee  to  proceed  at  once,  upon  the  expiration  of  the  time 
specified  in  said  notice,  to  cause  such  nuisance  to  be 
abated.  The  expense  of  such  abatement  shall  be  col¬ 
lected  from  the  person  or  persons  who  may  have  created 
continued  or  suffered  such  nuisance  to  exist. 

Sec,  6.  Removal  and  care  of  persons  with  conta¬ 
gious  diseases.  It  shall  be  the  duty  of  the  health  com¬ 
mittee  to  cause  to  be  examined  by  a  competent  physician 
all  sick  persons  who  shall  be  reported  to  them  as  lab¬ 
oring,  or  supposed  to  be  laboring,  under  any  contagious 
malignant,  infectious,  or  pestilential  disease,  and  said 
health  committee  may  cause  any  person  within  the  city 
having  any  contagious, infectious,  or  pestilential  disease 
to  be  removed  to  some  safe  or  proper  place  within  or 
without  the  corporate  limits,  where  danger  from  contag¬ 
ion  will  be  avoided,  and  shall  provide  suitable  medical 
and  other  attendance  for  such  person,  at  his  or  her  own 


REVISED  ORDINANCES. 


177 


expense,  if  able  to  pay  the  same:  Provided,  that  if  any 
such  person,  being-  a  resident  of  the  city  shall  refuse  to 
be  removed,  or  if  his  condition  be  such  that,  in  the 
opinion  of  the  attending-  physician,  removal  would  be 
attended  with  danger  to  his  life,  then  such  measures 
shall  be  taken  by  the  health  committee  as  may  be. 
deemed  most  advisable  to  prevent  the  spreading  of  the 
pestilence.  In  case  of  the  death  of  any  such  person, 
the  said  committee  shall  direct  the  manner  of  inter¬ 
ment. 

Sec.  7.  Small-pox  and  other  notices.  It  shall  be 
the  further  duty  of  the  health  committee  to  cause  a  no¬ 
tice,  printed  in  large  letters,  to  be  placed  upon  or  near 
any  house  in  which  any  person  may  be  affected  or  sick 
with  small-pox,  scarlet  fever,  or  any  infectious,  pesti¬ 
lential, or  epidemic  disease,  upm  which  shall  be  printed 
the  name  of  such  disease;  and  if  any  person  or  persons 
shall  deface,  alter,  mutilate,  destroy,  or  tear  down 
such  notice,  without  the  permission  of  the  health  com¬ 
mittee,  such  person  or  persons  shall  be  liable  for  such 
offense  to  pay  a  fine  of  not  less  than  twenty-five  dol¬ 
lars  nor  more  than  one  hundred  dollars. 

Sec.  8.  Order  vaccinaion — penalty .  The  health 
committee  may  take  such  measures  as  they  may,  from 
time  to  time,  deem  necessary  to  prevent  the  spread  of 
small-pox,  by  issuing  an  order  requiring  all  persons  in 
the  city  requiring  vaccination  to  be  vaccinated  within 
such  time  as  they  shall  prescribe  ;  and  all  persons  re¬ 
fusing  or  neglecting  to  obey  such  orders  shall  be  liable 
to  a  fine  of  not  less  than  three  dollars  nor  more  than 
fifty  dollars:  Provided,  that  it  shall  be  the  duty  of  the 
health  committee  to  provide  for  the  vaccination  of  such 
persons  as  are  unable  to  pay  for  the  same  at  the  ex¬ 
pense  of  the  city, 


178 


REVISED  ORDINANCES. 


Sec.  9.  Remove  filth — spread  of  disease.  They 
shall  have  power  to  cause  any  house  or  any  premises  to 
be  cleansed,  disinfected,  or  closed  to  visitors,  and  to 
prevent  persons  from  resorting  thereto  while  any  person 
is  laboring  under  any  pestilential  or  infectious  disease; 
they  may,  by  an  order  in  writing,  direct  any  nuisance 
to  be  abated,  or  unwholesome  matter  or  substance, dirt 
or  filth,  to  be  removed  from  any  house  or  premises, 
and  may  prescribe  the  time  and  manner  of  so  doing, 
and  take  any  other  measures  they  may  deem  necessary 
and  proper  to  prevent  the  spread  of  infectious,  pesti¬ 
lential,  or  epidemic  disease;  and  any  person  who  shall 
neglect  or  refuse  to  obey  the  orders,  directions,  or  in¬ 
structions  of  said  health  committee  shall  be  fined  in 
any  sum  not  less  than  five  dollars  nor  more  than  two 
hundred  dollors. 

Sec.  10.  Report  of  physicians.  E)very  practicing 
physician  in  the  city  of  Mendota  who  shall  have  any 
patient  therein  laboring  under  any  contagious,  infecti¬ 
ous, or  pestilential  disease,  shall  forthwith  make  report 
thereof  in  writing  to  the  health  committee,  stating  the 
the  name  and  describing  the  locality  of  such  patient  so 
that  he  may  be  easily  found;  and  for  any  neglect  or 
failure  to  report,  such  physician  shall  incur  a  penalty 
of  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  11.  Health  inspector  —  appointment ,  etc. 

There  may  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  at  such  times 
and  for  such  periods  as  exigencies  require,  a  health  in¬ 
spector  or  inspectors.  Such  inspector  shall  act  under 
the  control,  direction, and  supervision  of  the  health  com¬ 
mittee  and  shall  receive  such  compensation  as  the  coun¬ 
cil  may  determine. 


REVISED  ORDINANCES. 


179 


CHAPTER  XXVI. 


pubcic  heaeth  regulations. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 


Spreading  of  small-pox. 

Changing  of  wearing  apparel. 

Bringing  persons  or  clothing  infected  into  the  city — 
penalty. 

Selling  diseased  animal  or  food — penalty. 

Selling  adulterated  milk — unwholesome  food — penalty. 

Inmates  of  houses  exposed  to  disease  not  to  be  on  the 
street — penalty. 

Persons  suffering  from  contagious  diseases  not  to  be 
landed  in  the  city. 

Swill,  filthy  matter,  etc.,  not  to  be  deposited  in  the 
street. 

Diseased  animals  not  to  be  brought  within  the  city. 

Certain  kinds  of  meats  not  to  be  sold — penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Spreading  of  small- fox.  Any  per¬ 
son  having*  the  small-pox  or  other  infectious  or  malig- 
nant  disease,  who  shall  go  about  the  street  or  other 
public  place  within  the  city  of  Mendota  while  in  dan¬ 
ger  of  giving  such  disease  to  others,  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars:  Provided ,  that  this  section  shall 
not  apply  to  cases  where  such  person  shall  have  ob¬ 
tained  from  a  regular  practicing*  physician  a  certificate 
in  writing*  that  there  is  no  danger  of  his  or  her  com¬ 
municating  the  disease  to  others. 

Sec.  2.  Changing *  wearing *  apparel.  Any  phy¬ 
sician,  nurse,  or  servant,  attending  or  being  about  any 
person  having  the  small-pox  or  like  infectious  or  con¬ 
tagious  disease,  who  shall  not  change  or  purify  his 
wearing  apparel  before  going  upon  any  street  or  into 


180 


REVISED  ORDINANCES. 


any  public  place,  or  shall  otherwise  conduct  himself 
as  to  endanger  the  spreading'  of  the  disease,  shall,  for 
each  and  every  such  offense,  be  liable  to  a  fine  of  not 
less  than  five  nor  more  than  fifty  dollars. 

Sec.  3.  Bringing' persons  or  clothing  inf  ected  into 
the  city — - -penalty .  Whoever  shall  bring-  into  said  city  any 
person  having-  the  small-pox,  or  other  like  infectious 
or  contagious  disease,  or  any  clothing-,  bedding-,  or 
other  article  or  thing-  infected  with  small-pox  or  other 
infectious  or  contag-ious  disease,  shall,  upon  convic¬ 
tion,  be  fined  not  less  than  ten  nor  more  than  one  hun¬ 
dred  dollars. 

Sec.  4.  Selling  diseased  animal  or  food— 'penalty . 

Any  person  who  shall  sell,  or  offer  for  sale,  within  the 

city,  any  diseased  animal,  poultry,  or  fish,  or  the  flesh 

of  any  diseased  animal,  fowl,  or  fish,  or  any  tainted  or 

spoiled  meat,  or  unsound  and  unwholesome  provisions 

whatever,  to  be  used  or  eaten  for  human  food,  shall, 

* 

upon  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars  in  each  case;  and  the  city 
marshal,  or  any  police  or  health  officer,  may  seize,  take 
and  destroy  any  meat,  food,  or  drink  so  exposed  or 
offered  for  sale. 

Sec.  5.  Selling  adidtered  milk  —  unzv holesome 
food— penalty .  Any  person  who  shall,  within  the  city, 
sell,  expose,  or  offer  for  sale,  any  milk,  adulterated 
with  water,  chalk,  or  other  substance,  or  milk  from 
diseased  cows,  or  any  adulterated  and  unwholesome 
bread,  butter,  lard,  cheese,  or  other  provisions;  or  any 
decayed  of  unwholesome  fruit  or  vegetables  for  human 
food,  shall,  upon  conviction,  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 


REVISED  ORDINANCES. 


181 


Sec.  6.  Inmates  of  houses  exposed  to  disease  not 
to  he  on  streets  —penalty .  Any  person  who  shall  know¬ 
ingly,  after  having  been  an  inmate  of  a  house  where 
any  person  or  persons  are  suffering  or  laboring  under 
yellow  fever,  small-pox,  cholera,  or  any  infectious  or 
pestilential  disease,  publicly  expose  himself  or  herself 
in  a  manner  calculated  to  spread  such  contagious  dis¬ 
ease  within  the  city,  shall  be  subject  to  a  fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars  for 
each  offense. 

Sec.  7.  Persons  suffering-  from  contagious  dis¬ 
eases  not  to  be  landed  in  the  city.  Any  person  in  charge 
of  any  railroad  train  or  any  vehicle,  who  shall  know¬ 
ingly  land,  or  suffer  to  be  landed  within  the  city  of 
Mendota,  any  person  laboring  under  any  contagious 
disease,  or  any  goods  or  effects  of  such  person,  without 
the  written  permission  of  the  health  committee,  shall 
be  fined  in  a  sum  not  less  than  ten  nor  more  than 
two  hundred  dollars  for  each  offense. 

Sec.  8.  Swill,  filthy  matter,  etc. ,  not  to  he  deposited 

in  streets.  No  person  shall  throw  or  deposit  any  swill, 
brine,  urine  of  animals,  or  other  offensive  animal  sub¬ 
stance,  or  any  noxious  liquor  or  other  filthy  matter  of 
any  kind,  in  or  upon  any  street,  alley,  or  public  ground 
within  the  city  of  Mendota  under  a  penalty  of  not  less 
than  three  nor  more  than  twenty-five  dollars  for  each 
offense. 

Sec.  9.  Diseased  animals  mot  to  be  brought  within 
the  city .  No  diseased  or  sickly,  horse,  cattle,  swine, 
sheep,  or  other  animal,  nor  any  such  animal  that  has 
been  exposed  to  any  disease  that  is  contagious  among 
animals,  shall  knowinglv  be  brought  into  the  city  of 
Mendota,  uuder  a  penalty  of  not  less  than  ten  nor 
more  than  one  hundred  dollars  for  each  offense. 


182 


REVISED  ORDINANCES. 


CHAPTER  XXVII. 


PUBEIC  LIBRARY. 


Section  1. 

2. 

3. 

4. 

5. 

6. 


Public  library — name. 

How  maintained. 

Defacing-  books — penalty. 

Injury  to  building- — penalty. 
Failure  to  return  books — penalty. 
Repeal. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Public  library — name .  That  there 
be  established  and  maintained  in  the  city  of  Mendota  a 
free  public  library  and  reading-  room,  for  the  use  and 
benefit  of  the  inhabitants  of  said  city  and  when  so  es¬ 
tablished,  to  be  known  and  called  by  the  name  of  the 
“Graves  Public  Library. ’’ 

Sec.  2.  How  maintained .  That  the  establish¬ 
ment  of  such  public  library  and  reading-  room  shall  be 
in  accordance  with  the  provisions  of  the  statute  and  of 
an  act  of  the  g-eneral  assembly  of  the  state  of  Illinois, 
approved  March  7th,  1872.  amended  June  17th,  1887, 
May  25th,  1889,  and  March  26th,  1891,  and  in  force 
July  1st,  1891,  entitled:  An  act  to  authorize  cities,  in¬ 
corporated  towns  and  townships  to  establish  and  main¬ 
tain  free  public  libraries  and  reading-  rooms. 

Sec.  3.  Defacing'  books — fenalty.  Any  person 
who  shall  intentionally  cut,  tear,  deface,  or  injure,  or 
who  shall  write  upon  any  book,  newspaper,  plate,  en¬ 
graving-, or  other  thing-  of  value  belonging  to  the  Graves 
Public  Library  or  any  other  public  library  within  the 
city  of  Mendota  shall  be  fined  not  exceeding  one  hund¬ 
red  dollars  for  each  offense. 


REVISED  ORDINANCES. 


183 


SEC.  4.  Injury  to  buildings  — -penalty .  Any  per¬ 
son  who  shall  commit  any  injury  upon  any  building  or 
building’s  of  the  Graves  Public  Library,  or  any  other 
public  library  of  the  city  of  Mendota,  or  upon  the 
grounds,  furniture,  fixtures,  or  other  property  thereof 
shall  be  fined  not  exceeding1  one  hundred  dollars  for 
each  offense. 

Sec.  5.  Failure  to  return  books— 'penalty .  Any 

person  who  shall  fail  to  return  any  book,  periodical,  or 
paper,  or  fail  to  pay  the  penalty  for  injury  to  any  book, 
periodical,  or  paper  belonging-  to  the  Graves  Public 
Library,  or  any  public  library  of  the  city  of  Mendota, 
according-  to  the  requirements  of  the  by-laws  in  force 
for  the  government  of  such  library  or  libraries,  shall  be 
fined  in  a  sum  not  more  than  one  hundred  dollars  for 
each  offense. 

Sec.  6  Repeal.  All  ordinances  or  parts  of  ord¬ 
inances  in  conflict  with  this  ordinance  are  hereby  re¬ 
pealed. 


184 


REVISED  ORDINANCES. 


CHAPTER  XXVIII. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 


PUBLIC  SAFETY. 

Storage  of  gunpowder  regulated. 

Not  to  be  sold  after  lights  are  lighted. 

Manner  in  which  powder  shall  be  kept. 
Manufacture  of  explosives  prohibited. 

Keeping  of  dynamite,  nitroglycerine  prohibited. 
Blasting  prohibited. 

Permit. 

When  permits  shall  be  granted. 

Blast  to  be  covered. 

Penalty. 

Storage  of  explosive  fluids. 

Tanks,  how  erected. 

Fire  marshal  to  approve  tanks. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota:  • 

Section  1.  Storage  of  gunpowder  regulated. 

That  no  person  or  persons  shall  keep  or  store  any 
greater  weight  than  twenty-five  pounds  of  gunpowder 
in  any  house,  store, or  warehouse  or  other  place  within 
the  limits  of  the  city  of  Mendota,  unless  the  same  is 
stored  in  a  fire-proof  magazine,  under  a  penalty  of  not 
less  than  one  hundred  nor  more  than  two  hundred  dol¬ 
lars  for  each  offense. 

Sec.  2.  Not  to  be  sold  after  lights  are.  lighted.  No 

retailer  of  gunpowder  shall  sell  or  retail  the  same  after 
candle, gas,  or  other  lighting  in  the  evening;  and  every 
person  violating  the  provision  of  this  section  shall  be 
fined  in  a  sum  not  less  than  ten  nor  more  than  two 
hundred  dollars  for  each  offense. 

SEC.  3.  Manner  in  which  powder  shall  be  kept. 
All  gunpowder  kept  within  the  city  of  Mendota,  shall 
be  kept  in  a  closed  tin  or  other  metallic  canister,  and 


REVISED  ORDINANCES. 


185 


in  a  good  and  safe  place;  and  the  keeper  thereof  shall, 
at  the  close  of  business  each  day,  deposit  the  same  in 
an  accessible  place  to  be  provided  for  that  purpose  near 
the  main  entrance  of  said  building.  And  any  person 
violating  this  section  shall  be  fined  in  a  sum  not  less 
than  ten  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec.  4.  Manufacture  of  explosives  prohibited.  It 

shall  be  unlawful  for  any  person  or  persons  to  manu¬ 
facture,  within  the  limits  of  the  city  of  Mendota,  any 
explosive  material  or  compound,  to  be  used  for  any 
purpose,  the  manufacture  of  which  will  be  dangerous 
to  life  and  property,  under  a  penalty  of  one  hundred 
dollars  for  each  offense,  and  a  further  penalty  of  fifty 
dollars  for  each  and  every  day  that  such  explosive 
material  or  compound  may  be  manufactured  after  writ¬ 
ten  notification  for  discontinuance  thereof  by  the  fire 
marshal. 

Sec.  5.  Keeping'  of  dynamite,  n itro -glycerin c  pro¬ 
hibited.  It  shall  be  unlawful  to  store  or  keep  in  any 
building  or  other  place,  within  the  limits  of  the  city  of 
Mendota,  or  to  convey  through  any  street,  avenue, 
alley,  or  public  place,  within  said  city,  any  dynamite, 
nitro-glycerine,  or  any  other  explosive  material  or  com¬ 
pound,  other  than  gunpowder,  unless  a  permit  in  writ¬ 
ing  for  such  purpose  be  first  obtained  from  the  mayor, 
under  a  penalty  of  one  hundred  dollars  for  each  offense, 
and  a  further  penalty  of  fifty  dollars  for  each  day  that 
such  explosive  material  or  compound  may  remain  stored, 
kept,  or  deposited,  as  the  case  may  be. 

Sec.  6.  Blasting  prohibited,  It  shall  be  unlaw¬ 
ful  for  any  person  or  persons,  corporation  or  corpora¬ 
tions,  to  blast  rock  or  stone  for  any  purpose  within  the 


186 


REVISED  ORDINANCES. 


corporate  limits  of  the  city  of  Mendota,  except  as  here¬ 
after  provided. 

Sec.  7.  Permit .  Any  person  or  persons,  corpo¬ 
ration  or  corporations,  desiring’  to  blast  rock  or  stone 
within  the  limits  of  the  city  of  Mendota  shall  first  ob¬ 
tain  a  written  permit  from  the  mayor  therefor,  which 
permit  shall  be  granted  by  the  mayor,  upon  compliance 
of  said  person  or  persons  with  the  provisions  herein¬ 
after  following. 

SEC.  8.  When  'permits  shall  be  granted.  Such 
person  or  persons,  corporation  or  corporations,  shall 
execute  a  bond  to  the  city  of  Mendota  with  good  and 
sufficient  sureties  to  be  approved  by  the  mayor,  in  the 
penal  sum  of  at  least  five  hundred  dollars,  conditioned 
to  save  the  city  from  loss  from  any  damage  which  may 
accrue  to  any  person  by  reason  of  such  blasting,  and 
conditioned  further  that  he,  they,  or  it  will  fully  and 
in  all  things  comply  with  the  requirements  of  this 
chapter. 

Sec.  9.  Blast  to  be  covered.  In  all  cases  of 
blasting  rock  or  stone  within  the  city  of  Mendota,  each 
blast,  before  firing  it,  shall  be  securely  covered  with 
chain  aprons,  brush  or  other  materials,  to  be  placed 
over  and  around  such  charge  in  such  manner  that  all 
danger  to  persons  and  property  shall  be,  as  far  as  pos¬ 
sible,  prevented. 

Sec.  10.  Penalty.  Any  person  or  persons  who 
shall  engage  in  blasting  any  rock  or  stone  within  the 
corporate  limits  of  said  city,  or  who  shall  aid  or  assist 
therein,  without  first  having  given  the  security  and 
gained  the  permission  herein  provided,  or  who  shall 
violate  any  of  the  provisions  of  this  article,  shall,  upon 
conviction,  thereof,  be  fined  in  a  sum  not  less  than  fifty 
nor  more  than  two  hundred  dollars  for  each  offense. 


REVISED  ORDINANCES. 


187 


Sec.  11.  Storage  of  kerosene ,  etc.,  regulated . 

No  person,  firm,  or  corporation,  shall  store,  place,  or 
keep  at  one  time  more  than  one  hundred  gallons  of  ker¬ 
osene  oil,  benzine,  gasoline,  or  other  explosive  of  any 
kind,  in  any  cellar,  store,  house  or  other  building  or 
place,  except  a  tank,  as  hereinafter  provided,  under  a 
penalty  of  not  less  than  twenty  nor  more  than  two 
hundred  dollars  for  each  offense. 

Sec.  12.  Tanks — how  erected — 'penalty.  Any 

person,  firm,  or  corporation,  desiring  to  carry  on  the 
business  of  selling  explosive  fluids  or  oils  by  the  whole¬ 
sale,  within  the  city  of  Mendota,  or  who  desires  to  store 
or  keep  at  any  one  time  more  than  one  hundred  gallons 
of  kerosene  oil,  benzine,  gasoline,  or  other  explosive 
fluids  of  any  kind,  shall  erect,  or  cause  fo  be  erected, 
tanks  for  the  storage  and  keeping  of  such  kerosene  oil, 
benzine,  gasoline,  or  other  explosive  fluids.  Such 
tanks  shall  in  no  case  be  located  within  the  “fire  lim¬ 
its,”  and  shall,  in  all  cases,  be  constructed  and  built 
under  the  direction  of  the  fire  marshal,  and  shall  be 
subject  at  all  times  to  his  approval,  said  approval  to  be 
given  in  writing.  Any  person,  firm,  or  corporation 
who  shall  store  any  kerosene  oil,  benzine,  gasoline,  or 
other  explosive  fluid  in  any  tank  which  has  not  been 
approved  in  writing  by  the  fire  marshal,  or  who  shall 
violate  any  other  provision  of  this  section,  shall  be 
fined  in  a  sum  not  less  than  twenty-five  nor  more  than 
two  hundred  dollars  for  each  offense. 

Sec.  13.  Fire  marshal  to  approve  tanks.  It  is 

hereb}7  made  the  duty  of  the  fire  marshal  to  superin¬ 
tend  the  construction  of  all  tanks  intended  to  be  used 
for  the  storage  of  oils  and  explosive  fluids  within  the 
city  of  Mendota,  and  to  see  that  the  same  are  con¬ 
structed  in  a  safe  and  proper  manner;  and  when  any 


188 


REVISED  ORDINANCES. 


tank  is,  in  the  judgment  of  such  fire  marshal,  safe  and 
secure  for  the  storage  of  oils  and  explosive  fluids  there¬ 
in,  it  shall  be  his  duty  to  issue  to  the  owner,  or  own¬ 
ers,  or  persons  constructing  such  tank,  his  approval  in 
writing  of  the  same. 


CHAPTER  XXIX. 

RAILROADS 


Section  1. 

Rate  of  speed. 

2. 

Blockading-  streets. 

3. 

Headlights. 

4. 

Penalty. 

5. 

To  construct  crossing — notice — penalty. 

6. 

Gates. 

H 

•  • 

Costs  to  be  paid  by  railroad  company. 

8. 

Blowing  off  steam — penalty. 

9. 

Blowing  of  whistles. 

10. 

Repeal. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  Rate  of  sfeed.  No  locomotive  en¬ 
gine,  attached  to  any  railroad  passenger  car,  shall  be 
driven,  propelled  or  run  upon  or  along  any  railroad 
track  within  the  city  of  Mendota  at  a  greater  rate  of 
speed  than  ten  miles  per  hour;  nor  shall  any  locomotive 
engine,  attached  to  any  freight  car,  or  otherwise,  be 
driven,  propelled,  or  run  upon  or  along  any  railroad 
track  within  the  city  of  Mendota  at  a  greater  rate  of 
speed  than  six  miles  per  hour. 

Sec.  2.  Blockading  streets.  No  railroad  com¬ 
pany,  engineer,  train  conductor,  station  agent,  or  other 
person  shall  cause  or  permit  any  locomotive  engine, 
car  or  cars,  or  train  of  cars,  to  stop  in  or  remain  upon 


REVISED  ORDINANCES. 


189 


any  street  or  railroad  crossing-  within  the  city  of  Men- 
dota  for  a  longer  period  than  ten  minutes  at  any  one 
time. 

SEC.  3.  Headlight.  Every  locomotive  engine, 
railroad  car,  or  train  of  cars  running  in  the  night  time 
on  any  railroad  track  within  this  city,  shall  have  and 
keep,  while  so  running, a  brilliant  and  conspicuous  light 
on  the  advancing  end  of  such  locomotive  engine,  car, or 
train  of  cars. 

Sec.  4.  Penalty .  Any  person  violating  any  of 
the  provisions  of  sections  1,  2  and  3  of  this  chapter  shall 
be  fined  in  the  sum  of  not  less  than  ten  nor  more  than 
two  hundred  dollars  for  each  offense. 

Sec.  5.  To  construct  crossing — notice — penalty. 

That  any  railroad  company  or  corporation  operating  any 
railroad  within  or  through  the  corporate  limits  of  the  city 
of  Mendota,or  which  may  hereafter  operate  any  railroad 
within  or  through  the  corporate  limits  of  said  city,  shall 
construct  and  maintain  safe  and  convenient  crossings 
across  the  tracks  of  such  railroads  where  the  same  in¬ 
tersect  any  street,  lane,  or  avenue,  and  shall  also  make 
and  maintain  sufficient  and  proper  conduits,  culverts, 
and  gutters  to  carry  off  all  water  under  or  along  such 
railroad  tracks.  Upon  the  failure  or  refusal  of  any 
railroad  company  or  corporation  to  construct  any  cross¬ 
ing,  conduit,  culvert, or  gutter  as  aforesaid,  it  shall  be 
the  duty  of  the  superintendent  of  streets  to  notify  in 
writing  the  station  agent  or  other  officer  or  agent  of 
such  railroad  company  or  corporation,  to  construct  or 
repair  such  crossing,  conduit,  culvert, or  gutter  within 
thirty  days  from  date  of  such  notice,  and  upon  failure 
of  such  railroad  company  to  construct  or  repair  such 
crossing,  conduit  or  culvert  or  gutter,  as  aforesaid, 
pursuant  to  the  notice  as  aforesaid,  such  railroad  com- 


190 


REVISED  ORDINANCES. 


pany  shall  forfeit  and  pay  to  said  city  a  penalty  of  one 
hundred  dollars.  And  upon  the  failure  of  any  such 
railroad  company  or  corporation  to  comply  with  the 
notice  aforesaid,  it  shall  be  the  duty  of  the  superinten¬ 
dent  of  streets  to  construct  or  repair  such  crossing*, 
conduit,  culvert  or  gutter,  and  such  railroad  company 
or  corporation  shall  thereupon  be  liable  to  said  city  in 
an  action  of  debt  for  the  costs  and  expenses  thereof. 

Sec.  6.  Gates .  That  it  is  hereby  declared  un¬ 
lawful  for  any  railroad  company  to  run  any  train,  car, 
or  locomotive  engine  across  Sixth  street  or  Eighth 
street  within  the  city  of  Mendota,  without  first  placing 
gates  on  said  street  crossings,  and  said  gates  shall  be 
lowered  into  place  so  as  to  prevent  any  teams,  horse, 
animal,  vehicle,  or  person  from  being  injured  by  an 
approaching  train,  car,  or  locomotive  engine,  and  said 
gates  shall  be  raised  as  soon  as  safe,  after  said  train, 
car,  or  locomotive  engine  moves  out  of  the  way;  said 
gates  to  be  handled  by  a  competent  gateman  in  attend¬ 
ance  at  such  gate, each  and  every  day  from  the  hour  of 
7  A.  M.  until  the  hour  of  9  P.  M.  Any  railroad  com¬ 
pany  violating  this  section  shall  forfeit  and  pay  to  the 
city  of  Mendota  a  fine  not  exceeding  one  hundred  dol¬ 
lars  for  each  and  every  offense. 

Sec.  7.  Cost  to  be  paid  by  railroad  company. 

Every  such  gate,  and  the  approaches  thereto,  shall  be 
erected  and  constructed  at  the  sole  cost  and  expense  of 
said  railroad  company,  and  shall  forever  thereafter  be 
kept  and  maintained  by  such  railroad  company  in  proper 
care  and  condition  at  its  own  cost  and  expense, under  the 
supervision  of  the  superintendent  of  streets  of  said  city 
and  to  his  satisfaction. 

Sec,  8.  Blowing  off  steam  zv/iistles — penalty.  No 

railroad  company  shall  cause  or  allow  the  cylinder  cock 


REVISED  ORDINANCES. 


191 


or  cocks  of  any  or  either  of  their  several  locomotive  en¬ 
gines  to  be  opened  so  as  to  permit  steam  to  escape  there¬ 
from,  at  any  time  while  running  upon  or  along  any 
railroad  track  laid  in  any  street,  or  when  the  engine  is 
in  the  immediate  proximity  to  any  street  or  railroad 
crossing  of  said  city:  Provided ,  however,  that  when 
such  engine  shall  be  standing  at  such  point  in  said  city, 
and  for  three  revolutions  of  the  driving-wheel  after 
being  put  in  motion,  the  said  cocks  may  be  opened  for 
the  purpose  of  allowing  condensed  steam  to  escape. 
Any  violation  of  this  section  shall  subject  the  offender 
to  a  fine  of  not  less  than  three  nor  more  than  fifty  dol¬ 
lars  for  each  and  every  offense. 

Sec.  9.  Blowing *  of  zuhistles.  No  railroad  com¬ 
pany,  within  the  city  of  Mendota,  shall  cause  or  allow 
the  steam  whistle  placed  and  kept  on  any  locomotive 
engine  belonging  to  said  company,  to  be  sounded  with¬ 
in  the  limits  of  said  city,  save  and  only  as  a  signal  for 
the  necessary  operation  of  such  engine,  or  train  at¬ 
tached  thereto.  All  unnecessary  sounding  of  such 
whistle  shall  be  deemed  a  violation  of  this  section  and 
shall  subject  the  offender  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  for  each  and 
every  offense. 

Sec.  10.  Repeal .  All  ordinances  or  parts  of  or¬ 
dinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 


192 


REVISED  ORDINANCES. 


CHAPTER  XXX. 


SCAVENGERS. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 


Scavengers  to  be  licensed. 

Penalty — permit. 

License — bond. 

Manner  of  cleaning  vaults. 

Contents  to  be  removed  beyond  city. 

Privy  vaults  to  be  cleaned  in  the  night-time— penalty. 
Health  committee  may  order  privies  cleaned. 

Penalty  for  violating  ordinance. 

Compensation. 

Repeal. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

SECTION  1.  Scavengers  to  be  licensed.  The  mayor 
and  city  council  of  the  city  of  Mendota,  shall,  from 
time  to  time,  grant  licenses  to  any  person,  company,  or 
corporation  to  engage  in  the-  business  of  emptying, 
cleaning, or  removing  the  contents  of  privy  vaults.  And 
every  person,  company,  or  corporation  engaged  in  said 
business  shall  be  deemed  a  scavenger  within  the  mean¬ 
ing  of  this  ordinance. 

Sec  2.  Penalty — permit .  No  person, company,  or 
corporation  within  the  city  of  Mendota  shall  empty, 
clean,  or  remove  the  contents  of  any  privy  vault,  or  in 
any  manner  engage  in  the  business  of  scavenger  with¬ 
out  first  having  obtained  a  license  so  to  do,  under  a 
penalty  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars  for  each  offense:  Provided \ 
that  the  owners,  occupants,  or  agents  of  privy  vaults 
within  the  city,  desiring  to  clean  or  remove  the  contents 
thereof  themselyes  without  the  aid  of  scavengers,  may 


REVISED  ORDINANCES. 


193 


be  allowed  to  do  so  upon  the  written  permission  of  the 
health  committee,  and  then  only  in  such  manner  as  the 
health  committee  in  said  permit  shall  direct. 

Sec.  3.  License— bond.  Every  person,  company, 
or  corporation  applying  for  such  license  shall  pay  to 
the  city  treasurer  therefor  the  sum  of  ten  dollars  per 
annum,  and  shall  execute  a  bond  to  the  city  of  Mendota 
in  the  penal  sum  of  five  hundred  dollars,  with  at  least 
two  sureties,  to  be  approved  by  the  mayor  and  city 
council,  conditioned  that  the  said  scavenger  shall  corn- 
play  with  the  provisions  of  the  ordinances  of  said  city, 
and  the  ordinances  which  may  hereafter  be  passed  by 
the  city  council  relating  to  the  occupation  and  employ¬ 
ment  of  scavengers. 

Sec.  4.  Manner  of  cleaning' vaults.  The  clean¬ 
ing,  emptying,  and  removing  of  the  contents  of  privy 
vaults  shall  be  done  in  an  inoffensive  manner,  and  any 
scavenger  having  begun  any  such  scavenger  work  shall 
without  any  interruption  or  delay,  finish  the  same, and 
in  every  instance  leave  the  privy  vault  in  as  good  con¬ 
dition  as  when  the  work  was  undertaken. 

Sec.  5.  Contents  to  be  removed  beyond  the  city . 

The  contents  of  privy  vaults,  so  removed  by  any  scav¬ 
enger,  shall  be  conveyed  to  the  city  limits  in  air-tight 
tanks  or  vessels,  and  shall  be  disposed  of  in  such 
manner  as  to  cause  no  offense.  Said  tanks  or  vessels 
shall  be  kept  clean  and  inoffensive  when  not  in  actual 
use. 

Sec.  6.  Privy  vaults  to  be  cleaned  in  night-time  — 
penalty.  No  privy  vault  shall  be  opened  nor  the  con¬ 
tents  thereof  disturbed  or  removed  between  the  hours 
of  six  o'clock  A.  M.  and  ten  o’clock  P.  M.  of  any  day, 
nor  shall  such  contents  be  deposited  or  buried  within 
the  city,  except  upon  the  special  permission  of  the 


194 


REVISED  ORDINANCES. 


health  committee  of  said  city,  and  in  such  manner  and 
places  as  shall  be  by  said  committee  directed.  If  any 
scavenger  shall  not  bury  said  contents  as  above  pro¬ 
vided,  and  cover  the  same  so  as  to  prevent  any  smell 
arising  therefrom,  his  license  shall  immediately  be  for¬ 
feited  and  annulled.  Any  person  violating  any  provis¬ 
ion  of  this  section  shall  be  subject  to  a  penalty  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 

Sec.  7.  Health  committee  may  order  privies  cleaned. 
Whenever,  in  the  opinion  of  the  health  committee,  any 
privy  vault  shall  be  offensive  and  need  cleaning,  it 
shall  be  their  duty  to  notify  the  owner,  agent,  or  occu¬ 
pant  to  cleanse  the  same  within  a  period  named  in  said 
notice,  and  unless  the  person  so  notified  shall  comply 
within  the  time  mentioned,  it  shall  be  the  duty  of  said 
committee  to  cause  the  said  privy  vault  to  be  cleaned  by 
one  or  more  of  the  city  scavengers,  and  such  person 
so  failing  to  comply  with  said  notice  shall,  on  convic¬ 
tion  be  fined  in  a  sum  not  less  than  than  five  dollars 
nor  more  than  one  hundred  dollars:  Provided ,  that 
nothing  in  this  section  contained  shall  discharge  the 
owner,  agent,  or  occupant  of  the  premises  from  any  lia¬ 
bility  otherwise  provided,  to  pay  all  the  expenses  of 
such  cleaning. 

Sec.  8.  Penalty  for  violating'  ordinance.  Any 
person,  without  license  aforesaid,  who  shall  engage  in 
business  as  a  scavenger,  or  who  shall  undertake  to  re¬ 
move- any  contents  of  any  privy  vault  within  the  city, 
without  license  or  permit,  as  aforesaid  shall,  on  con¬ 
viction  thereof,  pa}  a  fine  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  each  offense;  and 
any  scavenger  licensed  as  aforesaid,  or  owner,  agent, 
or  occupant  as  aforesaid,  acting  under  permit  as  afore- 


REVISED  ORDINANCES. 


195 


said,  who  shall  violate  any  provision  or  section,  or 
clause  of  any  provision  or  section  of  this  ordinance,  where 
no  other  penalty  is  imposed,  shall,  on  conviction  there¬ 
of,  pay  a  fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

Sec.  9.  Compensation.  Scavengers  shall  be  al¬ 
lowed  to  charge  and  receive  for  each  load  by  them 
taken  and  removed,  of  not  less  than  twenty-seven  cubic 
feet,  a  sum  not  exceeding-  five  dollars  for  each  and 
ever}T  load  so  removed. 

Sec.  10.  Repeal.  All  ordinances,  or  parts  of 
ordinances,  in  conflict  with  this  ordinance  are  hereby 
repealed. 


CHAPTER  XXXI. 


Section  1. 

2 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 
17. 


SEWERS. 

Construction  by  special  assessments  and  taxes. 
Manner  of  levying1  special  assessments. 

Manner  of  construction. 

Extensions  and  laterals  provided  for. 

Surface  water  provided  for. 

To  be  laid  in  center  of  street. 

Private  drains — manner  of  construction. 

Maps  to  be  kept  by  surveyor. 

Private  drain — permit 

Conned  ions  made  by  licensed  plumber. 

No  steam  from  boiler  to  enter  into  sewer. 
Deposits  in  sewer — penalty. 

Injuring  sewers  and  fixtures. 

Obstructing  natural  water  ways — penalty. 
Permits  to  tap  sewer. 

Overflows — provision  for. 

Repeal. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

SECTION  1.  Construction  by  special  assessments 

and  taxes.  That  all  sewers,  both  main  and  lateral, 


1% 


REVISED  ORDINANCES. 


hereafter  constructed  in  the  city  or  Mendota  are  here¬ 
by  declared  a  local  improvement,  and  the  cost  thereof 
shall  be  provided  for  by  special  assessment  or  special 
taxation  of  contiguous  property  or  property  benefitted, 
as  hereinafter  provided. 

Sec.  2.  Manner  of  levying"  special  assessments . 

All  main  sewers  shall  be  constructed  and  paid  for  by 
special  assessment  of  all  property,  according  to  valu¬ 
ation,  located  in  the  sewerage  district  or  districts 
through  which  such  main  sewer  runs:  Provided ,  how¬ 
ever,  that  the  main  sewers  running  beyond  the  city 
limits,  shall  be  paid  for  by  general  taxation  of  the 
whole  city.  All  lateral  sewers  shall  be  constructed 
and  paid  for  by  special  assessment  of  the  property 
benefitted  thereby. 

Sec.  3.  Manner  of  construction.  All  sewers  and 
overflows  ordered  and  provided  for  by  the  city  of  Men¬ 
dota  shall  be  constructed  as  hereinafter  provided  and 
with  materials  of  the  best  quality,  laid  in  such  manner 
and  of  such  thickness  and  such  grade  and  depth  as  may 
hereafter  be  provided  by  ordinance.  All  such  sewers 
shall  be  laid  to  such  depth  below  the  grade  of  the  street 
or  avenue  as  will  effectuallv  drain  either  such  lateral 
sewers  as  may  be  conducted  into  the  same,  or  the  cel¬ 
lar  and  grounds  of  the  lowest  part  of  the  district  in 
which  they  may  be  located,  and  suitable  catch-basins, 
wells,  man-holes,  vents  and  inlets  properly  secured 
with  coping  stones,  iron  grates,  or  plate  covers  shall 
be  constructed,  when  necessary,  at  proper  distances. 

Sec.  4.  Extension  of  laterals  provided  for.  If 
any  sewer  ordered  as  aforesaid,  will  probably  require 
to  be  extended  or  be  connected  with  lateral  sewers 
leading  thereinto,  it  shall  be  built  with  reference  to 
such  extension  or  connection  with  lateral  sewers  and 


REVISED  ORDINANCES. 


197 


suitable  opening's.  S’s  or  T’s  shall  be  left  in  the  sides 
of  such  sewers  at  and  under  the  intersections  of  the 
streets  and  avenues  crossing'  the  same,  to  admit  of  the 
proper  connections  wTith  such  lateral  sewers  as  may 
hereafter  be  constructed  in  such  cross  streets  or  aven¬ 
ues,  such  opening's  shall  be  sustained  by  a  brick  arch 
or  ring-,  and  the  spaces  filled  in  with  brick  so  laid  as 
to  be  capable  of  removal  without  injuring-  the  sewer  or 
arch,  unless  otherwise  provided  for  by  the  city  council. 

Sec.  5.  Surface  water  'provided  for.  For  the 
purpose  of  carrying-  off  the  surface  drainag'e,  when  re¬ 
quired,  suitable  grated  opening's  or  inlets  shall  be  made 
at  proper  distances  at  or  near  the  intersection  of  the 
curbs  of  the  sidewalks  along-  the  streets  or  alleys. 
Such  opening's,  while  the  streets  or  alleys  are  paved, 
shall  be  set  into  the  curb  of  the  sidewalk  at  least 
twelve  feet  from  the  intersection  of  such  sidewalks 
wrth  the  corners  of  the  streets  or  alleys,  so  as  to  pre¬ 
vent  the  foot  crossing's  from  becoming-  flooded;  and  they 
shall  be  securely  connected  with  pipes  or  laterals 
drains  of  such  dimensions  and  construction,  and  laid 
with  such  descent  or  gfrade  as  will  effectually  convey 
all  the  surface  water  into  the  sewers. 

Sec.  6.  To  be  laid  in  center  of  street.  All  sew¬ 
ers  that  may  hereafter  be  constructed  in  any  street  or 
avenue  within  said  city,  shall  be  laid  on  and  along-  the 
center  line  thereof  unless  otherwise  ordered  by  the  city 
council. 

Sec.  7.  Private  drains — manner  of  construction. 

The  drainag'e  of  all  private  property  into  the  public 
sewers  or  sewers  built  by  the  city,  shall  be  effected  by 
lateral  sewers  of  brick  substantially  constructed  or  by 
suitable  pipes  of  iron  or  fire  clay,  tiling-  and  all  lateral 
sewers  at  their  intersection  with  the  main  sewer  shall 


198 


REVISED  ORDINANCES. 


be  curved  toward  the  latter  so  as  to  lessen  the  obstruc- 
tion  of  the  current  in  the  main  sewer  by  the  influx  from 
the  lateral  sewers. 

Sec.  8.  Maps  to  be  kept  by  surveyor .  It  shall  be 
the  duty  of  the  city  surveyor  to  keep  in  his  office  a  map 
or  maps,  upon  which  shall  be  platted  and  shown  the 
location  of  the  different  sewers  and  overflows  and  their 
dimensions,  openings,  inlets,  catch  basins,  and  connec¬ 
tions. 

Sec.  9.  Private  drain — permit .  Any  person  con¬ 
structing  or  causing  to  be  constructed  any  .private 
drain  or  sewer  leading  into  any  sewer  built,  owned,  or 
controlled  by  the  city  without  a  written  permit  from 
the  city  clerk  of  said  city  countersigned  by  the  city 
surveyor,  or  in  any  other  manner  than  is  authorized 
by  ordinance,  shall  be  liable  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  shall  be  liable  to  the  city  for  all  injuries  or 
damages  to  any  public  sewer  which  may  result  from 
the  building  or  connecting  with  such  authorized  private 
drain  or  sewer. 

Sec.  10.  Connections  made  by  licensed  plumber. 
No  connection  of  a  private  sewer  or  drain  shall  be  made 
with  any  sewer  built,  owned,  or  controlled  by  the  city, 
except  by  or  under  the  supervision  of  a  regularly 
licensed  plumber  of  said  city,  and  only  then  under  a 
written  permit  from  the  city  clerk  countersigned  by  the 
city  surveyor. 

Sec.  11.  No  steam  from  boiler  to  empty  into  sewer. 

No  connection  with,  or  opening  into,  any  public  sewer 
or  drain,  shall  be  used  for  the  conveyance  of  steam 
from  any  steam  boiler,  or  engine,  or  from  any  manu¬ 
factory  in  which  steam  is  generated  or  used  without 
consent  in  writing  by  the  city  council,  under  a  penalty 


REVISED  ORDINANCES. 


199 


of  twenty- five  dollars  for  each  offense,  and  a  like  ad¬ 
ditional  penalty  for  every  repetition  of  the  same. 

Sec.  12.  Deposits  in  sewers— penalty .  No  gar¬ 
bage,  butcher’s  offal,  dead  animal,  or  any  other  ob¬ 
struction  shall  be  deposited  or  thrown  into  a  sewer, 
sewer  inlet,  or  catch  basin,  under  a  penalty  to  the  of¬ 
fender  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  for  each  offense. 

Sec.  13.  Injuring'  sewers  and  fixtures.  Who¬ 
ever  shall  within  said  city,  break,  deface,  injure,  or  re¬ 
move  any  cap  or  capping  stone,  or  grate,  or  man-hole 
cover  belonging  to  any  catch  basin,  man-hole,  vent  or, 
inlet  of  any  sewer  or  shall  in  any  way  obstruct  or  in¬ 
jure  the  mouth  thereof,  shall,  for  each  offense,  be  sub¬ 
ject  to  a  penalty  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 

SEC.  14.  Obstructing  natural  water  ways — penal¬ 
ty.  No  person  shall  obstruct,  fill  up,  or  change  any 
branch  or  natural  drain  within  the  city  without  first 
obtaining  the  permission  and  consent  of  the  city  coun¬ 
cil,  under  a  penalty  of  not  less  than  ten  dollars  nor  ex¬ 
ceeding  one  hundred  dollars,  and  a  further  penalty  of 
ten  dollars  for  every  day  such  person  shall  continue 
such  obstruction  or  change  after  being  notified  to  rem¬ 
edy  the  same  by  the  city  superintendent  of  streets. 

Sec.  15.  Permits  to  tap  sewer.  No  person  or 
corporation  shall  hereafter  be  permitted  or  allowed  to 
in  any  way*  connect  any  sewer  or  drain  built  or  laid 
without  the  limits  of  the  city  of  Mendota  with  any 
sewer  or  system  of  sewerage  within  said  city;  nor  shall 
any  owner  of  property  without  the  city  limits,  use  or 
have  the  benefit  'of  any  sewer  within  said  city  except 
upon  written  application  in  each  case  and  by  a  vote  of 
two  thirds  of  all  the  aldermen  authorized  to  be  elected 


200 


REVISED  ORDINANCES. 


to  the  city  council  and  it  is  hereby  made  the  duty  of  the 
mayor  to  strictly  enforce  or  cause  to  be  enforced  the 
provisions  of  this  section. 

Sec.  16.  Overflows  —provisions  for .  The  pro¬ 
visions  of  this  ordinance  shall  applv  in  so  far  as  the 
same  may  be  applicable  to  all  overflows  made  in  con¬ 
nection  with  the  sewerage  system  herein  provided  for, 
for  the  purpose  of  taking  care  of  surface  water,  not 
taken  care  of  by  surface  drainage. 

Sec.  17.  Ref  cal.  All  ordinances  or  parts  of  or¬ 
dinances  in  conflict  with  this  ordinance  are  hereby 
repealed. 


CHAPTER  XXXII. 

SIDEWALKS — CONSTRUCTION  OF. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 


Sidewalks  to  be  built  by  special  taxation. 
Description  of  sidewalks. 

Passag-e  of  special  ordinance. 

Surveying-  and  fixing  grade  lines. 

Manner  of  constructing  sidewalks. 

Notice  to  lot  owners. 

Default — construction  by  city. 

Issue  and  collection  of  warrants. 

Report  to  county  treasurer. 

Duties  of  treasurer. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  Sidewalks  to  be  built  by  s fecial  taxa¬ 
tion.  All  sidewalks  hereinafter  constructed  within  the 
city  of  Mendota, along  or  upon  any  street, alley,  or  part 
thereof,  unless  otherwise  specially  ordinanced, shall  be 
constructed  by  special  taxation  of  the  lot,  lots,  pacel, 
or  parcels  of  land  in  front  of  and  adjoining  which  such 
sidewalk  shall  be  constructed,  the  total  cost  of  that 


201 


REVISED  ORDINANCES. 


portion  of  such  sidewalk  in  front  of  and  adjoining-  such 
lot  or  parcel  of  land. 

Sec.  2.  Description  of  sidewalks.  All  sidewalks 
hereinafter  constructed,  unless  otherwise  specially  or- 
dinanced,  shall  be  constructed  of  brick,  stone,  concrete, 
or  tile,  of  the  best  material. 

SEC  3.  Passage  of  special  ordinance.  That  be¬ 
fore  any  such  sidewalk  shall  be  constructed  by  order 
of  the  city  council,  there  shall  be  a  special  ordinance 
passed  by  the  city  council, specifying  the  location,  width, 
and  length  of  such  sidewalk. 

Sec.  4.  Surveying'  and  fixing  grade  lines.  It 
shall  be  the  duty  of  the  superintendent  of  streets, 
within  twenty  days  after  the  passage  of  any  such 
special  ordinance  providing  for  the  construction  of  any 
sidewalk,  to  have  the  line  of  such  sidewalk  surveyed 
and  the  grade-line  thereof  established  and  plainly  and 
truly  designated  and  marked. 

Sec.  5.  Manner  of  constructing  sidewalks .  That 
whenever  any  such  special  ordinance  shall  have 
been  passed,  providing  for  the  construction  of  a  side¬ 
walk,  such  sidewalk  shall  be  constructed  in  the  follow¬ 
ing  manner:  The  surface  of  the  ground  upon  which 
such  sidewalk  is  to  be  laid  shall  be  graded  by  excavat¬ 
ing  and  filling  so  as  to  make  a  smooth  surface  for  the 
bed  of  such  sidewalk,  that  a  layer  of  gravel  and  cind¬ 
ers,  or  other  suitable  material,  four  inches  in  depth 
shall  be.  placed  oyer  the  surface  thus  graded;  that 
upon  such  gravel,  cinders  or  other  suitable  material, 
shall  be  placed  a  layer  of  good  hard  brick,  stone, 
concrete,  or  tile  to  be  laid  with  their  longest 
dimensions  diagonally  across  the  line  of  such  sidewalk, 
such  brick,  stone,  concrete, or  tile  to  be  well  swept  and 
tamped  with  sand  so  as  to  fill  up  all  the  creyices  and 


202 


revised  ordinances. 


make  a  smooth,  solid,  and  firm  sidewalk,  said  walk  to 
be  fastened  both  on  the  inside  and  outside  with  a  curb 
of  brick,  stone, or  tile  set  on  edge,  and  said  walk  shall 
have  a  general  inclination  toward  the  gutter  of  one 
inch  to  every  three  feet,  with  a  convexity  of  one-half 
an  inch  at  the  center. 

Sec.  6.  Notice  to  lot  owners.  It  is  hereby  made  the 
duty  of  the  superintendent  of  streets,  within  ten  days 
after  he  shall  have  caused  the  line  of  such  sidewalk  to 
be  surveyed  and  the  grade  line  thereof  established,  as 
provided  in  section  4  hereof,  to  serve  a  written  or  print¬ 
ed  notice  upon  the  owners  or  occupants  of  each  lot  or 
parcel  of  ground  in  front  of  which  such  sidewalk  is  to 
be  constructed,  if  he  or  she  can  be  found  in  the  city,  to 
the  effect  that  he  or  she  is  required  to  construct  a 
sidewalk  in  front  of  such  lot  or  parcel  of  land,  in  accor¬ 
dance  with  the  specification  of  this  ordinance,  within 
thirty  days  of  the  date  of  said  notice,  and  in  default 
thereof  that  said  sidewalk  will  be  entirely  constructed 
by  the  city  of  Mendota,  and  the  total  cost  thereof,  in¬ 
cluding  grading  materials  and  laying  down,  charged 
up  against  such  lot  or  parcel  of  laud. 

Sec.  7.  Default  —  construction  by  city .  In  case  of 
the  default  of  any  lot  or  land  owner  or  owners  to  con¬ 
struct  their  sidewalks  as  required  by  the  notice  pro¬ 
vided  for  in  the  foregoing  section,  said  materials  shall 
be  furnished  and  sidewalk  constructed  by  said  city  and 
the  total  cost  thereof,  including  grading,  materials, and 
the  laying  down,  taxed  and  charged  against  such  lot  or 
parcel  of  land  as  provided  in  section  1  of  this  ordinance; 
that  said  superintendent  shall  have  general  supervision 
of  the  construcrion  of  such  sidewalks,  and  in  case  the 
same  is  constructed  by  the  city,  it  is  hereby  made  his 
duty,  within  fifteen  days  after  said  city  shall  have  so 


REVISED  ORDINANCES. 


203 


constructed  any  such  sidewalk  in  front  of  any  such  lot 
or  parcel  of  land,  to  furnish  the  city  clerk,  to  be  filed 
in  his  office,  a  bill  of  the  cost  thereof,  including-  the 
grading-,  the  materials,  and  laying-  down  of  any  such 
sidewalk  in  front  of  such  lot  or  parcel  of  land,  show¬ 
ing  in  separate  items  the  cost  of  the  grading,materials 
and  laying  down,  together  with  a  description  of  such 
lot  or  parcel  of  land,  and  the  name  of  the  owner  or 
owners  thereof,  if  the  same  is  known  to  said  superin¬ 
tendent,  which  said  bill  of  costs  shall  be  duly  certified 
to  by  said  superintendent  of  streets. 

Sec.  8.  Issue  and  collection  of  warrants .  That 

upon  the  filing  of  any  such  bill  of  costs  in  the  office  of 
said  city  clerk,  as  provided  in  the  foregoing  section,  the 
said  clerk  shall  proceed  to  prepare  a  special  tax  list 
against  said  lot,  lots,  or  parcels  of  land,  setting  forth 
the  amount  of  special  tax  to  be  charged  against  said 
lot,  lots,  or  parcels  of  land  on  account  of  the  construc¬ 
tion  of  said  sidewalk,  which  said  special  tax  list  shall 
be  filed  in  the  office  of  the  said  clerk;  the  said  clerk 
shall  thereupon  issue  a  warrant,  directed  to  the  city 
marshal,  who  is  hereby  made  a  special  collector  to  col¬ 
lect  all  such  special  taxes,  for  the  collection  of  such 
special  tax,  and  the  said  marshal  shall  proceed  to  col¬ 
lect  said  warrant  by  calling  upon  the  owners  of  such 
lot  or  parcel  of  land,  if  he  or  she  can  be  found  in  said 
city,  and  inform  him  or  her  of  such  special  tax,  the 
amount  thereof,  and  make  demand  for  the  same,  and 
within  sixty  days  from  the  date  of  such  warrant  make 
return  thereof,  together  with  all  the  moneys  collected 
thereon,  to  said  clerk,  and  in  case  the  owner  on  owners 
named  in  said  warrant  cannot  be  found,  or  refuse  to 
pay  such  special  tax  or  any  part  thereof,  such  officer 
shall  return  said  warrant  endorsed  “Owner  not  found,” 


204 


REVISED  ORDINANCES. 


or  “Paynent  refused,”  as  the  case  may  be.  All  moneys 
so  collected  by  said  marshal  and  turned  over  to  said 
clerk,  shall  by  said  clerk  .be  immediately  turned  over 
to  the  city  treasurer. 

Sec.  9.  Report  to  county  treasurer.  Upon  the 
failure  to  collect  any  special  tax,  as  hereinbefore  pro¬ 
vided,  or  any  part  thereof,  it  shall  be  the  duty  of  said 
clerk,  within  thirty  days  from  the  time  of  the  return 
of  the  warrant  for  the  collection  of  said  special  tax  as 
provided  in  the  foregoing- section,  to  make  report  under 
oath  in  writing  to  the  county  treasurer  of  LaSalle 
county,  of  all  the  lots  or  parcels  of  land  upon  which 
such  special  tax  shall  be  so  unpaid,  the  name  or  names 
of  the  owner  or  owners  thereof,  together  with  the  amount 
due  and  unpaid  upon  each  and  every  such  lot  and  par¬ 
cel  of  land,  and  accompanying  the  same  with  a  certified 
copy  of  such  special  ordinance;  said  report  to  be  made 
in  the  manner  and  form  required  by  law  in  such  case 
made  and  provided. 

Sec.  10.  Duties  of  treasurer.  When  said  county 
treasurer  shall  receive  the  aforesaid  report,  he  shall  at 
once  proceed  to  obtain  judgment  against  said  lot  or 
parcel  of  land  for  said  special  tax  remaining  due  and 
unpaid,  in  the  same  manner  as  may  be  provided  by  law 
for  obtaining  judgments  against  lands  for  taxes  due 
and  unpaid  the  county  and  state,  and  shall  in  the  same 
manner  proceed  to  sell  the  same  for  the  said  special 
tax  due  and  unpaid.  In  obtaining  said  judgment  and 
making  said  sale,  the  said  officer  shall  be  governed  by 
the  general  revenue  laws  of  the  state,  except  when 
otherwise  provided,  and  said  general  laws  shall  also 
be  applicable  to  the  execution  of  certificates  of  sale, 
and  deeds  thereon,  and  the  force  and  effect  of  such  sales 
and  deeds;  and  all  other  laws  in  relation  to  the  enforce- 


REVISED  ORDINANCES. 


205 


ment  and  collection  of  taxes,  and  redemption  from  tax 
sales  shall  be  applicable  to  proceedings  to  collect  such 
special  tax. 


CHAPTER  XXXIII. 

STREET  — SPECIAL  ASSESSMENTS. 


Section.  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 


23. 

24. 

25. 

26. 

27. 

28. 
29, 


How  made. 

Special  ordinance. 

Commissioners  to  estimate  costs. 

Report — approval-* order  for  petition. 

Petition. 

Appointment  of  commissioners — oath. 

Duty  of  commissioners. 

Assessment  roll. 

Notice  of  assessment — posting-  and  publication. 

Proof  of  notice. 

Continuance  when  notice  not  in  time. 

Objections  to  report — default. 

Hearing- — further  evidence — jury. 

Assessment  modified,  recommitted  or  annulled. 

J ud g-ment  several  — appeal — lie  n . 

Collection — judgment  certified  to  the  city  clerk. 

Form  of  warrant. 

Collector’s  notice — form. 

Collector’s  demand — entry  of  payment. 

Report  of  delinquent  list  to  county  collector. 

Report  to  be  evidenced — defense. 

Application  for  judgment  —  sale  —  revenue  laws  to 
govern. 

Return  of  sales — redemption. 

Paying  over — compensation. 

General  revenue  laws  to  apply. 

City  may  buy  in. 

Vacation  of  assessment— new  assessment. 
Supplemental  assessment. 

New  assessments  against  delinquents  —lien — limitation 


206 


REVISED  ORDINANCES. 


30.  Contracts  payable  from  assessments — lien  limited  to 

fund  collected. 

31 .  Letting-  contracts — approval. 

32.  Lien  of  assessment. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  How  made.  That  hereafter  the  total 
cost  and  expense  of  paving-  streets  and  alleys  within 
the  city  of  Mendota  shall  be  borne  and  defrayed  by 
special  assessment. 

Sec.  2.  Special  ordinance.  Whenever  any  street 
or  alley  is  to  be  paved  the  city  council  shall  pass  an 
ordinance  to  that  effect,  specifying-  therein  the  nature, 
character,  locality,  and  the  materials  with  which  such 
street  or  alley  shall  be  paved. 

Sec.  3.  Commissioners — estimate  costs.  When¬ 
ever  any  special  ordinance  shall  have  been  passed  as 
provided  in  the  foreg-oing-  section,  it  shall  be  the  duty 
of  the  city  council  to  appoint  three  of  its  members,  who 
shall  make  an  estimate  of  the  costs  of  the  paving-  as 
contemplated  by  such  special  ordinance,  including- 
labor,  materials,  and  all  other  expenses  attending-  the 
same,  and  the  cost  of  making-  and  levying-  the  assess¬ 
ment,  and  shall  report  the  same  in  writing-  to  the  city 
council  at  the  next  reg-ular  meeting-  after  their  said  ap¬ 
pointment. 

Sec.  4.  Report — approval — order  for  petition.  On 

such  report  being-  made,  and  approved  by  the  city 
council,  it  is  hereby  made  the  duty  of  the  city  attorney 
to  file  a  petition  in  the  County  Court  of  Iva  Salle  county 
for  proceeding's  to  assess  the  cost  of  the  paving-  men¬ 
tioned  in  such  special  ordinance. 

Sec.  5.  Petition.  The  petition  shall  be  in  the 
name  of  the  city  of  Mendota,  and  shall  recite  the  ordin- 


REVISED  ORDINANCES. 


207 


ance  for  the  proposed  improvement  and  the  report  of 
the  commission,  and  shall  pray  that  the  cost  of  such 
improvement  may  be  assessed  in  the  manner  prescribed 
by  law. 

Sec.  6.  Appointment  of  commissioners  —  oath. 
Upon  the  filing'  of  such  petition  the  court  shall  appoint 
three  competent  persons  as  commissioners,  who  shall 
respectively  take  and  subscribe  to  the  oath  prescribed 
by  law. 

Sec.  7.  Duty  of  commissioners.  It  shall  be  the 
duty  of  such  commissioners  to  examine  the  locality 
where  the  paving  is  proposed  to  be  made,  and  the  lots, 
blocks,  tracts,  and  parcels  of  land  that  will  be  specially 
benefited  thereby,  and  to  estimate  what  proportion  of 
the  total  costs  of  such  improyement  will  be  a  benefit 
to  the  public,  and  what  proportion  thereof  will  be  a 
benefit  to  the  property  to  be  benefited,  and  apportion 
the  same  between  the  city  and  such  property,  so  that 
each  shall  bear  its  relative  equitable  proportion;  and 
having  found  said  amounts,  to  apportion  and  assess  the 
amount  so  found  to  be  a  benefit  to  the  property  upon 
the  several  lots,  blocks,  tracts,  and  parcels  of  land  in 
the  proportion  in  which  they  will  be  severally  benefit¬ 
ed  by  such  improvement:  Provided ,  that  no  lot,  block, 
tract,  or  parcel  of  land  shall  be  assessed  a  greater 
amount  than  it  will  be  actually  benefited. 

Sec.  8.  Assessment  roll — return.  They  shall 
also  make,  or  cause  to  be  made,  an  assessment  roll,  in 
which  shall  appear  the  names  of  the  owners,  so  far  as 
known,  a  description  of  each  lot,  block,  tract,  or  parcel 
of  land,  and  the  amount  assessed  as  special  benefits 
thereto,  and  in  which  they  shall  set  down  against  the 
city  the  amount  they  shall  have  found  as  public  bene¬ 
fits,  and  certify  such  assessment  roll  to  the  County 


208 


REVISED  ORDINANCES. 


Court  at  least  ten  days  before  the  first  day  of  the 
term  at  which  a  final  hearing-  thereon  shall  be  had. 

Sec.  9.  Notice  of  assessment  by  mail — fo sting  and 

fublication.  It  shall  be  the  duty  of  such  commissioners 
to  give  notice  of  such  assessment,  and  of  the  term  of 
court  at  which  a  final  hearing-  thereon  will  be  had,  in 
the  following-  manner: 

First:  They  shall  send  by  mail  to  each  owner  of 
premises  assessed,  whose  name  and  place  of  residence 
is  known  to  them,  a  notice  substantially  in  the  follow¬ 
ing  form: 

Mr . Your  (here  give  a  short  description  of  the 

premises),  is  assessed  $  . .  .  .  for  public  improvement.  The  assessment 

roll  will  be  returned  to  the . term  of  the  County  Court  of 

LaLalle  county. 

(Here  give  date.) 


Commissioners. 

Second:  They  shall  cause  at  least  ten  days’  notice 
to  be  given  by  posting  notices  in  at  least  four  public 
places  within  the  city  of  Mendota  two  of  which  shall 
be  in  the  neighborhood  of  the  proposed  paving,  and 
shall  publish  the  same  at  least  two  successive  weeks 
in  some  newspaper  published  weekly  within  said  city. 

The  notice  shall  be  substantially  as  follows: 

% 

Special  Assessment  Notice. 

Notice  is  hereby  given  to  all  persons  interested,  that  the  city 
council  of  the  city  of  Mendota  having  ordered  that  (here  insert  a  de¬ 
scription  and  nature  of  the  improvement  substantially  as  in  special 
ordinance),  the  ordinance  for  the  same  being  on  file  in  the  office  of 
the  county  clerk,  have  applied  to  the  County  Court  of  La  Salle  county 
for  an  assessment  of  the  cost  of  said  improvement  according  to  bene- 


REVISED  ORDINANCES. 


209 


fits;  and  an  assessment  thereof  having-  been  made  and  returned  to 

said  court,  the  final  hearing-  thereon  will  be  had  at  the . 

term  of  said  court,  commencing-  on  the . day  of  .  ..  .. 

. A.  d.  18  ... .  All  persons  desiring-  may  then  and  there 

appear  and  make  their  defence. 

(Here  g-ive  date). 


Commissioners. 


Sec.  10.  Proof  of  notice.  On  or  before  the  final 
hearing*,  the  affidavit  of  one  or  more  of  the  commision- 
ers  shall  be  filed  in  said  court,  stating*  that  they  have 
sent,  or  caused  to  be  sent,  by  mail  to  the  owners 
whose  premises  have  been  assessed,  and  whose 
name  and  place  of  residence  are  known  to  them,  the  no¬ 
tice  hereinbefore  required  to  be  sent  by  mail  to  owners 
of  premises  assessed.  They  shall  also  cause  to  be  filed 
the  affidavit  of  the  person  who  shall  have  posted  the 
notices  required  by  this  ordinance  to  be  posted,  setting* 
forth  when  and  in  what  manner  the  same  were  posted. 
Such  affidavits  shall  be  received  as  frima facie  evidence 
of  a  compliance  with  this  ordinance  in  reg*ard  to  giving* 
such  notices.  They  shall  also  file  a  certificate  of  pub¬ 
lication  of  said  notice  in  like  manner  as  is  required  in 

other  cases  of  publication  of  notices. 

\ 

Sec.  11.  Continuance  when  notice  not  in  time.  If 

ten  days  shall  not  have  elapsed  between  the  first  pub¬ 
lication  or  the  putting*  up  of  such  notices  and  the  first 
day  of  the  next  term  of  such  court,  the  hearing*  shall 
be  continued  until  the  next  term  of  court. 

Sec.  12.  Objections  to  report — default.  Any  per¬ 
son  interested  in  any  real  estate  to  be  affected  by  such 
assessment  may  appear  and  file  objections  to  such  re¬ 
port,  and  the  court  may  make  such  order  in  reg*ard  to 


210 


REVISED  ORDINANCES. 


the  time  of  filing-  such  objections  as  may  be 
in  cases  of  law  in  regard  to  the  time  of  filing 
pleas.  As  to  all  lots,  blocks,  tracts,  and  parcels  of  land 
to  the  assessment  of  which  objections  are  not  filed 
within  the  time  ordered  by  the  court,  default  may  be 
entered  and  the  assessment  confirmed  by  the  court. 

Sec.  13.  Hear  big'  —further  evidence— jury .  On 

the  hearing-,  the  report  of  the  commissioners  shall  be 
competent  evidence,  and  either  party  may  introduce 
such  other  evidence  as  may  t*md  to  establish  the  right 
of  the  matter.  The  hearings  shall  be  conducted  as  in 
other  cases  of  law,  and  if  it  shall  appear  that  the  premi¬ 
ses  of  the  objector  are  assessed  more  or  less  than  they 
will  be  benefitted  or  more  or  less  than  their  proportion¬ 
ate  share  of  the  costs  of  the  improvement, the  jury  shall 
so  find,  and  also  find  the  amount  for  which  such  premi¬ 
ses  ought  to  be  assessed,  and  judgment  shall  be  ren¬ 
dered  accordingly. 

Sec.  14.  Assessment  modified,  recommitted  or  an¬ 
nulled,  The  court  before  which  any  such  proceedings 
may  be  pending  shall  have  authority,  at  any  time  be¬ 
fore  the  final  judgement,  to  modify,  alter,  change, 
annul, or  confirm  any  assessment  returned  as  aforesaid, 
or  cause  any  such  assessment  to  be  recast  by  the  same 
commissioners,  whenever  it  shall  be  necessary  for  the 
attainment  of  justice,  or  may  appoint  other  commis¬ 
sioners  in  the  place  of  all  or  any  of  the  commissioners 
•first  appointed,  for  the  purpose  of  making-  such  assess¬ 
ment,  or  modifying,  altering,  changing,  or  recasting 
the  same,  and  may  take  all  such  proceedings  and  make 
all  such  orders  ns  may  be  necessary  to  make  a  true  and 
■just  assessment  of  the  cost  of  such  improvement  ac¬ 
cording  to  law,  and  may,  from  time  to  time,  as  may  be 


REVISED  ORDINANCES. 


211 


necessary,  continue  the  application  for  that  purpose  as 
to  the  whole  or  any  part  of  the  premises. 

Sec.  15.  Judgment  several — appeal — lien.  The 
judgment  of  the  court  shall  have  the  effect  of  a  several 
judgment  as  to  each  tract  or  parcel  of  land  assessed, 
and  any  appeal  from  such  judgment  or  writ  of  error 
shall  not  invalidate  or  delay  the  judgment,  except  as  to 
the  property  concerning  which  the  appeal  or  writ  of 
error  is  taken.  Such  judgment  shall  be  a  lien  upon 
the  property  assessed  from  the  date  thereof  until  pay¬ 
ment  shall  be  made. 

Sec.  16.  Collection— judgment  certified  to  the  city 

clerk.  The  clerk  of  the  court  in  which  said  judgment 
is  rendered  shall  certify  the  assessment  roll  and  the 
judgment  to  the  city  marshal,  or,  if  there  has  been  an 
appeal  or  writ  of  error  taken  on  any  part  of  such  judg¬ 
ment,  then  he  shall  certify  such  part  of  the  judgment 
as  is  not  included  in  such  appeal  or  writ  of  error,  and 
such  certificate  shall  be  filed  in  his  office  by  the  officer 
receiving  the  same.  The  clerk  shall  file  such  assess¬ 
ment  roll  and  judgment  in  his  office,  and  issue  a  war¬ 
rant  for  the  collection  of  such  assessment. 

Sec.  17.  Form  of  warrant.  The  warrant  in  all 
cases  of  assessment  under  this  act  shall  contain  a  copy 
of  such  certificate  of  the  judgment,  describing  the  lots, 
blocks,  tracts,  or  parcels  of  land  assessed,  and  the  re¬ 
spective  amounts  assessed  on  each  lot,  block,  tract,  or 
parcel  of  land,  and  shall  be  delivered  to  the  city  mar¬ 
shal,  who  is  hereby  authorized  and  required  to  collect 
such  special  assessment  Such  warrant  shall  give 
sufficient  authoritv  to  collect  the  assessments  therein 
specified. 

Sec.  18  Collector's  notice — form.  The  collector 

receiving  such  warrant  shall  immediately  give  notice 


212 


REVISED  ORDINANCES. 


thereof  by  publishing-  such  notice  in  one  or  more  news¬ 
papers  published  in  the  city  of  Mendota.  Such  notice 
shall  be  substantially  in  the  following-  form: 

Special  Assessment  Notice. 

SPECIAL  WARRANT  NO .  /  .  . 

Public  notice  is  hereby  given  that  the  County  Court  has  rendered 
judgment  for  a  special  assessment  upon  property  benefited  for  the 
following  improvements,  (here  insert  the  character  and  location  of 
the  improvement,  in  general  terms),  as  will  more  fully  appear  from 
the  certified  copy  of  the  judgment  on  file  in  the  office  of  the  clerk  of 
the  County  Court;  that  a  warrant  for  the  collection  of  such  assessment 
is  in  the  hands  of  the  undersigned.  All  persons  interested  are  here¬ 
by  notified  to  call  and  pay  the  amount  assessed  at  the  collector’s 
office  (here  insert  the  location  of  office),  within  thirty  days  from  the 
date  hereof. 

Dated  this . day  of . a.  d.  18 

. Collector. 

Sec.  19.  Collector  s  demand*—  entry  of  payment. 

It  shall  be  the  duty  of  the  collector  into  whose  hands 
the  warrant  shall  so  come,  as  far  as  practicable,  to  call 
upon  all  persons,  residents  within  the  corporation, 
whose  names  appear  upon  the  assessment  roll,  or  the 
occupants  of  the  property  assessed  and  personally,  or 
by  written  or  printed  notice  left  at  his  or  her  usual 
place  of  abode,  inform  them  of  such  assessment,  and 
request  payment  of  the  same.  Any  such  collector 
omitting-  so  to  do  shall  be  liable  to  a  penalty  of  ten 
dollars  for  every  such  omission,  but  the  validity  of 
the  special  assessment,  or  the  rig-ht  to  apply  for  and 
obtain  judg-ment  for  any  such  special  assessment,  shall 
not  be  affected  by  such  omission.  It  shall  be  the  duty 
of  such  collector  to  write  the  word  “Paid”  opposite 
each  tract  or  lot  on  which  the  assessment  is  paid,  to- 


REVISED  ORDINANCES. 


213 


gether  with  the  name  and  postoffice  address  of  the 
person  making-  the  payment,  and  date  of  payment. 

Sec.  20.  Report  of  delinquent  list  to  county  col¬ 
lector.  It  shall  be  the  duty  of  the  collector  of  special 
assessments,  within  sixty  days  after  the  warrant  shall 
come  into  his  hands,  to  make  a  report  in  writing  to  the 
county  collector  of  La  Salle  county  of  all  the  lands, 
town  lots,  and  real  property  on  which  he  shall  have 
been  unable  to  collect  special  assessments,  with  the 
amount  of  special  assessment  due  and  unpaid  thereon, 
together  with  his  warrant,  or  with  a  brief  description 
of  the  nature  of  the  warrant  or  warrants  received  by 
him  authorizing  the  collection  thereof,  which  report 
shall  be  accompanied  with  the  oath  of  the  collector  that 
the  list  is  a  correct  return  and  report  of  lands,  town 
lots,  and  real  property  on  which  the  special  assess¬ 
ments  levied  by  authority  of  the  city  of  Mendota  re¬ 
main  due  and  unpaid,  that  he  is  unable  to  collect  the 
same  or  any  part  thereof,  and  that  he  has  given  the 
notice  required  by  law  that  said  warrants  had  been 
received  by  him  for  collection. 

Sec.  21.  Report  to  be  evidence — defense.  Said 
report,  when  so  made, shall  be  prima  facie  evidence  that 
all  the  forms  and  requirements  of  the  law  in  relation 
to  making  said  return  have  been  complied  with,  and 
that  the  special  assessments  mentioned  in  said  report 
are  due  and  unpaid.  And  upon  the  application  for 
judgment  upon  such  assessment,  no  defense  or  objec¬ 
tion  shall  be  made  or  heard  which  might  have  been 
interposed  in  the  proceeding  for  the  making  of  such 
assessment  or  the  application  for  the  confirmation 
thereof. 

Sec.  22.  Application  for  judgment — sale — revenue 
lazes  to  govern.  When  said  county  collector  shall  re- 


214 


REVISED  ORDINANCES. 


ceive  the  report  provided  for  in  the  preceding’  section, 
he  shall  proceed  to  obtain  judgment  against  said  lots, 
parcels  of  land,  and  property,  for  said  special  assess¬ 
ment  remaining*  due  and  unpaid,  at  the  same  time  and 
in  the  same  manner  as  is  or  may  be  by  law  provided 
for  obtaining  judgments  against  lands  for  taxes  due 
and  unpaid  the  county  and  state;  and  shall,  in  the  same 
manner,  proceed  to  sell  the  same  for  the  said  special 
assessment  remaining  due  and  unpaid.  In  obtaining 
said  judgment  and  making  said  sale,  the  said  officer 
shall  be  governed  by  the  general  revenue  laws  of  this 
state,  except  when  otherwise  provided  herein.  No 
application'  for  judgment  against  lands  for  unpaid 
special  assessments  shall  be  made  at  a  time  different 
from  the  annual  application  for  judgment  against  lands 
upon  which  general  taxes  remain  due  and  unpaid.  The 
application  for  judgment  upon  delinquent  special 
assessments  in  each  year  shall  include  only  such  special 
assessments  as  shall  have  been  returned  as  delinquent 
to  the  county  collector  on  or  before  the  first  day  of 
April  in  the  year  in  which  such  application  is  made. 

Sec.  23.  Return  of  sales — redemption .  After  mak¬ 
ing  said  sales,  the  lists  of  lots,  parcels  of  land,  and 
property  sold  thereat  shall  be  returned  to  the  office  of 
the  county  clerk,  and  redemption  may  be  made  as  pro¬ 
vided  for  by  the  general  revenue  laws  of  this  state. 

Sec.  24.  Paying  over — compensation.  The  col¬ 
lector  or  collectors, and  the  county  collector  aforesaid, 
to  whom  the  said  warrant  shall  be  returned,  shall  pay 
over  to  the  city  treasurer,  and  shall  be  allowed  such 
compensation  for  their  services  in  the  collection  of  such 
assessment  as  the  city  council  may  hereafter  prescribe. 

Sec.  25.  General  revenue  lazes  to  apply.  The 

general  revenue  laws  of  this  state  in  reference  to  pro- 


REVISED  ORDINANCES. 


215 


ceedings  to  recover  judgments  for  delinquent  taxes, 
the  sale  of  property  thereon,  the  execution  of  certifi¬ 
cates  of  sale  and  deeds  thereon,  the  force  and  effect  of 
such  deeds  and  sales,  and  all  other  laws  in  relation  to 
the  enforcement  and  collection  of  taxes  and  redemption 
from  tax  sales,  except  as  herein  otherwise  provided, 
shall  be  applicable  to  proceedings  to  collect  such  special 
assessment. 

Sec.  26.  City  may  buy  in.  The  city  of  Mendota, 
when  interested  in  the  collection  of  any  tax  or  special 
assessment,  may  become  a  purchaser  at  any  sale  of  real 
or  personal  property  to  entorce  the  collection  of  the 
same,  and  it  is  hereby  made  the  duty  of  the  city  attor- 
to  attend  such  sales  and  bid  thereat  in  behalf  of  the 
city  of  Mendota. 

Sec.  27.  Vacation  of  assessment — new  assessment. 

If  any  assessment  shall  be  annulled  by  the  city  council 
or  set  aside  by  any  court,  a  new  assessment  shall  be 
made  and  returned  and  like  notice  given  and  proceed¬ 
ings  had  as  herein  required  in  relation  to  the  first;  and 
all  parties  in  interest  shall  have  the  like  rights  and 
the  city  council  and  court  shall  perform  like  duties  and 
have  like  power  in  relation  to  any  subsequent  assess¬ 
ment  as  are  hereby  given  in  relation  to  the  first  assess¬ 
ment. 

Sec.  28.  Supplemental  assessment.  If,  in  any 
case,  the  first  assessment  prove  insufficient,  a  second 
may  be  made  in  the  same  manner,  as  nearly  as  may  be, 
and  so  on,  until  sufficient  moneys  shall  have  been  re¬ 
alized  to  pay  for  such  public  improvement.  If  too 
large  a  sum  shall  at  any  time  be  raised, the  excess  shall 
be  refunded  ratably  to  those  by  whom  it  was  paid. 

Sec.  29.  New  assessments  against  delinquents — 

lien— limitation.  If,  from  any  cause,  the  city  shall  fail 


216 


REVISED  ORDINANCES. 


to  collect  the  whole  or  any  portion  of  any  special  asses- 
ment  which  may  be  levied,  which  shall  not  be  cancelled 
and  set  aside  by  the  order  of  any  court,  for  any  public 
improvement  authorized  to  be  made  and  paid  for  by 
special  assessment,  the  city  council,  at  any  time  with¬ 
in  five  years  after  the  confirmation  of  the  original  as¬ 
sessment,  may  direct  a  new  asssessment  to  be  made 
upon  the  delinquent  property  for  the  amount  of  such 
deficiency,  and  interest  thereon  from  the  date  of  such 
original  assessment;  which  assessment  shall  be  made, 
as  near  as  may  be,  in  the  same  manner  as  herein  pre¬ 
scribed  for  the  first  assessment.  In  all  cases  where 
partial  payments  shall  have  been  made  on  such  former 
assessment,  they  shall  be  credited  or  allowed  on  the 
new  assessment  to  the  property  for  which  they  were 
made,  so  that  the  assessment  shall  be  equal  and  im¬ 
partial  in  its  results.  If  such  new  assessments  prove 
ineffectual,  either  in  whole  or  in  part,  the  city  council 
may,  at  any  time  within  said  period  of  five  years, order 
a  third,  and  so  on,  to  be  levied  in  the  same  manner  and 
for  the  same  purpose;  and  it  shall  constitute  no  legal 
objection  to  such  assessment  that  the  property  may 
have  changed  hands  or  been  incumbered  subsequent  to 
the  date  of  the  original  assessment,  it  being  the  true 
intent  and  meaning  of  this  section  to  make  the  costand 
expense  of  all  public  improvements,  to  be  paid  for  by 
special  assessments  charge  upon  the  property  assessed 
therefor,  for  the  full  period  of  five  years  from  the  con¬ 
firmation  of  the  original  assessment,  and  for  such  lon¬ 
ger  period  as  may  be  required  to  collect,  in  due  course 
of  law,  any  new  assessment  ordered  within  that  period. 

Sec.  30.  Contract  payable  from  assessments  — 
lien  limited  to  fund  collected.  All  persons  taking  any 
contracts  with  the  city  of  Mendota  and  who  agree  to 


REVISED  ORDINANCES. 


217 


be  paid  from  special  assessments,  shall  have  no  claim 
or  lien  upon  the  city  in  any  event  except  from  the  col¬ 
lection  of  the  special  assessments  made  for  the  work 
contracted  for. 

Sec.  31.  Letting’  contracts — approval.  All  con¬ 
tracts  for  the  paving”  of  streets  or  improving  the  same, 
to  be  paid  for  by  special  assessment  under  the  provis¬ 
ions  of  this  ordinance,  when  the  expense  thereof  shall 
exceed  $200.00,  shall  be  let  to  the  lowest  responsible 
bidder,  in  accordance  with  the  contract  ordinance  in 
force  within  said  city  of  Mendota. 

Sec.  32.  Lien  of  assessment.  All  special  assess¬ 
ments  levied  by  the  city  of  Mendota  under  the  pro¬ 
visions  of  this  ordinance  shall,  from  the  date  of  assess¬ 
ment,  be  a  lien  upon  the  real  estate  upon  which  the 
same  may  be  imposed,  and  such  lien  shall  continue  un¬ 
til  such  special  assessments  are  paid.  And  the  same 
proceedings  may  be  resorted  to  by  the  collector,  upon 
any  warrant  or  order  issued  or  made  for  the  collection 
of  special  assessment,  as  in  the  case  of  the  collection 
of  state  and  county  taxes  under  the  general  laws  of  the 
state. 


218 


REVISED  ORDINANCES. 


CHAPTER  XXXIV. 


streets,  aeeeys,  sidewaeks,  and  public  grounds 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 

25. 

26. 


Excavation  of  streets,  etc  ,  prohibited — penalty. 
Filling-  up  excavations — repairing-  streets — penalty. 
Leaving-  excavations  unprotected — penalty. 

Removing-  earth  from  streets,  etc.-— penalty. 

Fencing  streets,  etc. — penalty. 

Obstructing  streets,  etc.,  with  building  material — pen¬ 
alty. 

Removal  of  encroachments  on  streets,  etc. 

Moving  buildings  through  streets — permission — pen¬ 
alty. 

Obstructing  streets,  etc. — penalty. 

Blockade  of  streets  by  teams 

Casting  ashes,  etc.,  in  streets  prohibited — penalty. 
Casting  coal,  etc.,  on  sidewalk — penalty. 

Guard  for  steps,  cellar-ways,  etc. 

Encumbering  sidewalks  with  goods,  signs,  etc. 
Encumbering  outside  of  walk — delivering  goods. 
Leaving  teams  so  as  to  obstruct  sidewalk  —penalty. 
Animal  running  on  sidewalk,  etc. — penalty. 

Barb  wire  fences  prohibited. 

Cellar  doors  to  be  kept  closed. 

Awnings — how  constructed — penalty. 

Advertising  by  outcry  on  streets  prohibited — penalty. 
Sales  on  streets  prohibited — penalty. 

Construction  of  foregoing  sections. 

Telephone  and  telegraph  poles. 

Coal  holes. 

Keep  wall  under  sidewalk  in  repair. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  Excavation  of  streets,  etc.,  ^prohibited 
— ■'penalty.  No  person,  unless  authorized  by  the  city 
council  or  by  ordinance,  shall  make  any  excavation  in 
any  street,  avenue,  alley,  sidewalk,  or  public  ground 


REVISED  ORDINANCES. 


219 


within  the  city  of  Mendota,  without  first  obtaining"  the 
permission  of  the  mayor  or  the  superintendent  of  streets 
so  to  do.  Any  person  violating"  this  section  shall  be 
fined  in  a  sum  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Sec.  2.  Filling -up  excavation  — repairing'  street — 
penalty.  Any  person  making",  or  causing"  to  be  made, 
any  excavation  or  ditch,  for  any  purpose,  in  any  street, 
alley,  avenue,  or  sidewalk,  by  permission  of  the  mayor 
or  superintendent  of  streets  or  under  the  ordinances  of 
said  city,  shall,  without  unnecessary  delay,  cause  the 
same  to  be  filled  up  to  the  proper  level  of  the  street, 
avenue,  alley,  or  sidewalk,  so  that  the  surface  thereof 
conforms  to  the  proper  level  of  grade.  Any  person 
taking"  up  or  removing"  any  paved  street,  avenue,  alley, 
or  sidewalk,  or  any  bridge  or  culvert,  for  any  purpose, 
or  negligently  breaking  or  injuring  the  same,  shall 
without  delay  cause  the  same  to  be  repaired  and  placed 
in  the  same  condition  as  before  the  breaking  or  injury 
thereof.  Whoever  shall  violate  or  fail  to  comply  with 
the  requirements  of  this  section,  shall  be  fined  in  a 
sum  not'less  than  five  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 

Sec.  3.  Leaving  excavation  unprotected — penalty . 

Any  contractor  for  any  public  work,  or  any  officer  or 
other  person,  making  any  excavation  in  any  street, 
avenue,  alley,  or  sidewalk  of  the  city,  who  shall  leave 
the  same  open  and  unprotected  by  lights  or  otherwise 
in  the  night  time,  so  as  to  endanger  the  safety  of  per¬ 
sons  or  animals  passing  thereby  from  falling  therein, 
shall  be  liable  to  a  fine  of  not  less  than  ten  dollars  or 
more  than  two  hundred  dollars  for  every  such  neglect. 

Sec.  4.  Removing  earth  from  street,  etc. — penalty. 
Whoever  shall,  for  any  private  purpose,  dig,  remove,  or 


220 


REVISED  ORDINANCES. 


carry  away  any  earth,  gravel,  or  sod  from  any  street, 
avenue,  alley,  or  public  ground,  without  the  express 
permission  of  the  city  council  or  of  the  street  and  alley 
committee  thereof,  shall  forfeit  and  pay  a  penalty  of 
one  dollar  for  each  and  every  load  so  removed  and 
carried  away;  and  any  officer  of  the  city  who  shall  use, 
sell,  or  dispose  of  any  earth,  gravel,  or  sod  from  any 
street,  avenue,  alley,  or  public  ground,  for  his  own 
private  gain  or  benefit,  shall  be  subject  to  a  penalty  of 
not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars  for  each  offense. 

Sec.  5.  Fencing  street,  etc. — penalty.  No  person 
shall  make,  or  cause  to  be  made,  any  inclosure,  fence, 
bridge,  arched-way,  or  building  of  any  kind  extending 
upon,  over,  or  across  any  street,  avenue,  alley,  or  side¬ 
walk  within  said  city,  under  a  penalty  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  a  further  penalty  of  five  dollars  for  every 
day  that  he  shall  allow  such  inclosure,  fence,  bridge, 
or  building  to  remain,  after  being  notified  to  remove 
the  same  by  the  superintendent  of  streets  or  police 
officer. 

Sec.  6.  Obstructing  streets,  etc.,  zuith  building 
material — 'penalty.  No  contractor,  builder,  or  other 
person  shall  encumber  any  street,  alley,  or  sidewalk  in 
the  city  with  building  or  other  like  materials,  without  a 
written  permit  from  the  mayor  therefor;  nor  shall,  in 
any  case,  encumber  or  obstruct  more  than  one-third  of 
any  street  or  alley,  or  one-half  of  any  sidewalk;  nor 
shall  such  obstruction  continue  in  any  case  longer  than 
may  be  necessary  in  the  diligent  erection  of  such  build¬ 
ing,  or  the  prompt  execution  of  the  work.  Whoever 
shall  violate  any  provision  of  this  section  shall  be  sub¬ 
ject  to  a  fine  of  not  less  than  five  dollars  nor  more  than 


REVISED  ORDINANCES. 


221 


fifty  dollars,  and  to  a  further  fine  of  three  dollars  for 
each  day  after  the  first  conviction  that  he  shall  con¬ 
tinue  in  such  violation. 

Sec.  7.  Removal  of  encroachments  on  streets , 

etc .  The  owner  of  any  building-,  fence,  or  of  any  struc¬ 
ture  or  inclosure,  already  erected  or  built,  extending 
into  or  encroaching  upon  any  street,  avenue,  alley,  or 
sidewalk,  within  the  city,  who  shall  not  remove  the 
same  within  thirty  days  after  being  notified  in  writing 
to  do  so  by  the  street  superintendent,  shall  be  subject 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  and  to  a  further  fine  of  ten  dollars  for 
every  day,  ^fter  the  first  conviction,  that  he  shall  fail 
or  refuse  to  comply  with  such  notice. 

SEC.  8.  Moving  building  through  streets — per - 
mission — penalty .  No  person  shall  remove,  or  cause 
to  be  removed,  any  building  through  or  along  any 
street,  avenue,  or  alley  of  the  city,  without  a  written 
permit  from  the  mayor  therefor,  nor  shall,  in  removing 
such  building,  unnecessarily  encumber  or  obstruct  any 
street,  avenue,  or  alley,  nor  for  a  longer  time  than  may 
be  necessary  in  the  prompt  and  diligent  removal  there¬ 
of,  under  a  penalty  of  ten  dollars  for  each  offense,  and 
a  further  penalty  of  five  dollars  for  every  day  that 
such  building  shall  unnecessarily  remain  upon  any 
street,  avenue,  or  alley. 

Sec.  9.  Obstructing  streets,  etc. — penalty.  Who¬ 
ever  shall  place,  throw,  or  leave,  or  shall  cause  to  be 
placed,  thrown,  or  left,  any  obstruction  or  encumbrance 
in  or  upon  any  street,  avenue,  or  alley,  except  as 
authorized  by  ordinance,  shall  be  liable  to  a  fine  of  not 
less  than  three  dollars  nor  more  than  twenty  dollars, 
and  to  a  further  fine  of  one  dollar  for  every  two  hours 
that  he  shall  not  remove  such  obstruction  or  encum- 

‘  ET  i  .  :  •  ■*  -  •  -  *  * 


222 


REVISED  ORDINANCES. 


brance,  after  being'  notified  to  do  so  by  the  superin¬ 
tendent  of  streets  or  any  member  of  the  police  force.  ’ 

Sec.  10.  Blockade  of  streets  by  teanis.  When 
any  street,  avenue,  or  alley  shall  be  obstructed  by  a 
press  of  teams,  vehicles,  animals,  or  persons,  the  mayor, 
or  any  police  officer  of  the  city,  may  give  such  orders 
and  directions  as  shall  be  deemed  necessary  to  abate 
the  obstruction;  and  whoever  shall  neglect  or  refuse 
to  obey  such  orders  or  directions  shall  be  subject  to  a 
penalty  of  three  dollars. 

Sec.  11.  Casting'  ashes ,  rubbish ,  etc. ,  in  streets , 
etc.,  prohibited — penalty.  No  person  shall  throw,  place, 
or  leave,  or  cause  or  permit  to  be  thrown-,  placed,  or 
left,  any  ashes,  dirt,  filth,  or  rubbish  in  or  upon  any 
street,  avenue,  alley,  or  sidewalk  of  said  city,  in  front 
of  or  adjoining  any  building  or  premises  owned  or 
occupied  by  him  or  subject  to  his  control,  under  a  pen¬ 
alty  of  not  less  than  two  dollars  nor  more  than  ten 
dollars  in  each  case;  and  a  further  penalty  of  one  dol¬ 
lar  for  every  two  hours  that  such  person  shall  permit 
such  ashes,  dirt,  filth,  or  rubbish  to  remain,  after 
notice  to  remove  the  same  by  the  superintendent  of 
streets,  the  health  committee  or  any  policeman. 

Sec.  12.  Casting  coals,  etc.,  on  sidezvalk — penalty. 

Whoever  shall  throw,  place,  or  leave  any  live  coals  or 
fire,  or  make  or  kindle  anv  fire  upon  any  sidewalk,  or 
upon  any  planked  street  or  alley,  or  plank  street  cross¬ 
ing,  or  causes,  suffers,  permits,  or  directs  the  same  to 
be  done,  shall  be  subject  to  a  penalty  of  not  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  shall 
also  be  liable  for  all  damages  or  injury  caused  there¬ 
by.  The  costs  of  repairing  any  such  damage  or  injury 
may  be  recovered  with  the  penalty  or  in  a  separate 
suit  in  the  name  of  the  city. 


REVISED  ORDINANCES. 


223 


Sec.  13.  Guards  for  steps ,  cellar-zuays,  etc.  No 

steps,  platform  or  other  fixture  shall  extend  into  or  up¬ 
on  any  sidewalk  or  alley  in  said  city  more  than  three 
feet;  and  all  stairs  or  steps  encroaching-  upon  any  side¬ 
walk  or  alley  and  leading-  to  the  upper  story  of  any 
building-,  shall  be  securely  fastened  to  the  wall  of  such 
building-  and  supported  without  posts  or  pillars.  No 
open  cellar  or  basement  way  shall  be  permitted  to  ex¬ 
tend  into  any  sidewalk  more  than  three  feet,  and  in  all 
cases  be  well  protected  with  a  substantial  iron  railing 
with  a  gate  at  the  entrance, around  the  same;  nor  shall 
any  closed  cellar  or  basement  way  extend  into  or  upon 
any  sidewalk  more  than  five  feet,  nor  into  any  alley 
more  than  four  feet  ;  nor  shall  the  door  or  grating  of 
any  such  closed  cellar  or  basement  way  extend  above 
the  grade  of  the  sidewalk, nor  exceeding  one  inch  above 
the  grade  of  the  alley  ;  nor  shall  the  hinges,  lock  or 
other  fastenings  thereof  be  placed  on  the  upper  side 
of  the  same  so  as  to  project  above  the  door,  unless 
within  two  and  one-half  feet  of  the  building  ;  and  all 
cellar  windows  or  coal-holes  in  any  sidewalk  or  alley, 
shall  be  set  or  placed  even  with  the  grade  of  such  side¬ 
walk  or  alley,  and  be  well  secured  with  iron  or  other 
suitable  gratings.  Whoever  shall  violate  or  fail  to 
comply  with  any  of  the  requirements  of  this  section, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dol¬ 
lars  nor  more  than  twenty-five  dollars  for  each  offense, 
and  to  a  further  penalty  of  three  dollars  for  each  day 
he  shall  fail  or  refuse  to  comply  herewith,  after  notice 
to  Do  so  by  the  mayor  or  street  superintendent. 

Sec.  14.  Encumbering-  sidewalk  with  goods,  signs, 

etc.  Whoever  shall,  in  said  city,  place,  set,  or  hang 
out,  over  or  upon  any  sidewalk,  any  goods,  wares, 
or  merchandise  except  within  three  feet  of  the  building 


224 


REVISED  ORDINANCES. 


or  premises  owned  or  occupied  by  him  ;  or  whoever 
shall  place,  erect,  or  suspend  any  sigm,  flag-,  banner, 
show-case,  or  other  fixture  projecting-  into  or  hangnng- 
over  any  sidewalk  exceeding-  three  feet  from  the  build¬ 
ing-  or  premises  owned  or  occupied  by  him,  or  shall 
cause  or  knowingdy  permit  the  same  to  be  done,  in  front 
of  or  adjoining-  house  or  premises  owned  or  occupied  by 
him,  under  his  control,  shall  be  subject  to  a  penalty  of 
three  dollars  for  each  offense,  and  to  a  like  additional 
penalty  of  every  day  he  shall  allow  such  gfoods,  mer¬ 
chandise,  sigms,  or  fixtures  to  remain  after  being-  noti¬ 
fied  to  remove  the  same  by  the  street  superintendent  or 
any  member  of  the  police  force. 

Sec.  15.  Encumbering ■  outside  of  walk — deliver¬ 
ing'  goods.  No  person  shall  encumber  or  obstruct  more 
than  three  feet  of  the  outer  edg-e  of  any  sidewalk  with 
any  g-oods,  merchandise,  fuel,  or  other  articles  he  may 
be  receiving-  or  delivering-, nor  shall  he  permit  the  same 
to  remain  upon  any  sidewalk  longfer  than  may  be  neces¬ 
sary  in  the  dillig-ent  removal  thereof,  nor  in  any  case  to 
exceed  twenty-four  hours,  under  a  penalty  of  three 
dollars  for  each  offense,  and  a  further  penalty  of  one 
dollar  for  every  two  hours  he  shall  permit  any  such  en¬ 
cumbrance  or  obstruction  to  remain  after  being-  notified 
to  remove  the  same  by  the  street  superintendent  or  any 
member  of  the  police  force. 

Sec.  16.  Leaving' team  so  as  to  obstruct  sidewalk 
— penalty.  Whoever  shall  stop,  fasten,  or  leave  any 
team,  or  any  animal  in  such  a  manner  as  that  the  same, 
or  any  vehicle  attached  thereto,  shall  be  an  obstruction 
to  any  sidewalk  in  said  city,  shall  incur  a  penalty  of  not 
exceeding-  three  dollars  for  each  and  every  such  offense. 

Sec.  17  A  nimal  running'  on  sideiucdk ,  etc. — penal¬ 
ty ,  Whoever  shall  lead,  ride,  or  drive  any  horse,  mule, 


'  REVISED  ORDINANCES. 


225 


cow,  or  other  animal  upon,  over, or  across  any  sidewalk, 
or  lawn  within  the  curb  line  of  any  sidewalk  in  said 
city, except  at  the  entrance  of  some  building-  or  lot  where 
no  suitable  crossing-  is  provided;  or  whoeyer  shall  suffer 
or  permit  any  such  animal,  or  any  vehicle  thereto 
attached,  to  be  or  remain  on  any  such  sidewalk,  or 
lawn,  to  the  obstruction  of  travel  thereon,  or  otherwise, 
shall  be  subject  to  a  fine  of  not  less  than  two  dollars 
nor  more  than  ten  dollars  for  each  and  every  offense. 

Sec.  18.  Barb  wire  fences  prohibited .  That  it 
shall  be  unlawful  for  any  person  to  build  or  construct, 
or  to  cause  to  be  built  or  constructed,  any  barb  wire 
fence,  or  fence  of  which  barb  wire  is  a  part,  along-  any 
street, alley,  public  walk  or  drive,  or  throug-h,  along, 
or  around  any  public  park.  Any  person  violating  this 
section  shall  be  fined  in  a  sum  not  less  than  three  nor 
more  than  twenty  dollars  for  each  offense,  and  a  further 
sum  of  five  dollars  for  each  twenty-four  hours  that 
such  person  shall  suffer  or  permit  such  fence  to  remain, 
after  having  been  notified  by  the  city  marshal  or  any 
member  of  the  police  force  to  remove  the  same. 

Sec.  19.  Cellar  doors  to  be  kept  closed— penalty.  No 
person  shall  keep  or  leave  open  any  cellar  door  or  grat¬ 
ing  of  any  vault  on  any  sidewalk  in  front  of  the  prem¬ 
ises  occupied  by  him  or  her,  or  suffer  the  same  to  be 
left  open,  under  a  penalty  of  not  less  than  five  nor  more 
than  fifty-  dollars  for  each  offense. 

Sec.  20.  Awnings — hozu  constructed— penalty . 

All  awnings  shall  be  elevated  at  least  seven  feet  at  the 
lowest  part  thereof  above  the  top  of  the  sidewalk,  and 
shall  not  project  over  the  sidewalk  to  exceed  three- 
fourths  of  the  width  thereof,  and  shall  be  supported 
without  posts  by  iron  brackets  or  by  an  iron  frame¬ 
work  attached  firmly  to  the  building  so  as  to  leave  the 


226 


REVISED  ORDINANCES.  ' 


sidewalk  wholly  unobstructed  thereby.  Any  per¬ 
son  violating-  the  provisions  hereof  shall  be  fined  in  a 
sum  not  less  than  three  nor  more  than  twenty-five  dol¬ 
lars  for  each  offense,  and  a  further  sum  of  five  dollars 
for  each  twenty-four  hours  that  such  person  shall  per¬ 
mit  any  awning-  to  remain  after  notice  to  remove  the 
same. 

Sec.  21.  Advertising  by  outcry  on  streets  pro¬ 
hibited — penalty.  No  person  or  persons  shall  by  him¬ 
self  or  herself,  his,  her,  or  their  agent,  employe, clerk, 
or  servant,  upon  any  street,  alley,  or  sidewalk  within 
the  city  of  Mendota,  proclaim,  pronounce,  or  advertise, 
by  outcry  or  by  the  ringing-  of  any  bell  or  the  blow¬ 
ing  of  any  horn  or  the  beating  of  any  drum,  his,  her, 
or  their  business.  Any  person  violating  any  of  the 
provisious  of  this  section  shall  be  fined  not  more  than 
one  hundred  dollars  for  each  offense. 

Sec.  22.  Sales  on  streets  prohibited — penalty.  No 

person  shall  be  allowed  to  sell  at  auction  or  public  out¬ 
cry,  nor  to  erect  or  occupy  a  stand  of  any  kind  for  the 
purpose  of  making  sales,  upon  any  of  the  streets, alleys, 
avenues,  sidewalks,  crossings, or  other  public  places  in 
said  city,  nor  shall  any  person  be  permitted  to  sell  from 
any  carriage,  buggy,  or  other  vehicle,  upon  any  of  the 
streets,  alleys,  avenues,  sidewalks,  crossings,  or  other 
public  place  in  said  city,  except  as  hereinafter  provided, 
under  a  penalty  of  ten  dollars  for  each  offense. 

Sec.  23.  Construction  of  foregoing  section.  The 

foregoing  section  shall  not  be  so  construed  as  to  apply 
to  any  person  or  persons  coming  into  the  city  from  the 
country  with  teams  or  otherwise  with  any  produce  for 
market,  or  to  any  person  selling  vegetables,  berries, 
bread,  cakes,  pies,  fruit,  candies,  milk,  wood,  hay,  or 
other  farm  produce;  nor  shall  the  same  be  construed, as 


REVISED  ORDINANCES. 


227 


to  make  it  a  penal  offeuse  to  peddle  newspapers,  nor  to 
apply  to  judicial  sales  or  to  persons  selling*  under  a 
license:  Provided ,  that  farmers  or  others  selling* 
under  the  provisions  of  this  section,  or  persons  selling- 
under  the  license  ordinance,  shall  not  occupy  a  stand 
upon  any  sidewalk,  alley,  or  crossing*,  nor  within  a 
space  of  ten  feet  of  any  such  sidewalk  or  crossing*  upon 
any  street  or  public  square;  nor  shall  they  allow  their 
stand,  wag*on,or  other  vehicle  from  which  they  may  be 
selling*  to  remain  in  front  of  any  person’s  place  of  busi¬ 
ness  without  the  consent  of  the  occupant  of  such  place  of 
business,  nor  so  as  to  obstruct  the  convenient  travel  of 
the  street. 

Sec.  24.  Telegraph  poles  ,  die.  N  o  per¬ 
son  or  corporation  shall  set  or  cause  to  be  set  any 
telegraph,  telephone,  electric  lig*ht,or  other  poles  upon 
any  street  or  alley  within  the  city  of  Mendota,  or  string* 
or  hang*  any  wire  along*  or  across  any  street  or  alley, 
unless  authorized  so  to  do  by  the  city  council,  under  a 
penalty  of  ten  dollars  for  each  offense. 

Sec.  25.  Coal  holes ,  That  each  and  every  per¬ 
son  using*  any  part  of  the  sidewalk  for  coal  holes  or  any 
other  purpose,  shall  keep  the  same  in  g*ood  repair,  and 
any  person  who  shall  suffer  the  same  to  be  out  of  re¬ 
pair  or  unsafe,  shall  be  liable  to  a  fine  of  not  less  than 
three  dollars  nor  more  than  one  hundred  dollars. 

Sec.  26.  Keep  wall  under  sidewalk  in  repair . 

That  every  person  owning*  property  abutting*  any  side¬ 
walk,  the  space  under  said  sidewalk  being  used  for  a 
vault  or  any  other  purpose, shall  keep  the  wall  under  said 
sidewalk  in  good  repair  and  any  person  who  shall  suf¬ 
fer  the  same  to  be  out  of  repair,  shall  be  subject  to  a 
fine  not  exceeding  one  hundred  dollars,  and  a  further 
sum  of  five  dollars  for  each  twenty-four  hours  that  any 


228 


REVISED  ORDINANCES. 


person  shall  permit  any  such  wall  to  be  out  of  repair 
after  notice  to  repair  the  same. 

Sec.  27.  Repeal.  All  ordinances,  or  parts  of 
ordinances,  in  conflict  with  this  ordinance  are  hereby 
repealed. 


CHAPTER  XXXV. 


WARDS  AND  BOUNDARIES. 


Section  1. 
2. 

3. 

4. 

5. 


Division  of  city  into  wards. 
Boundary  of  First  Ward. 
Boundary  of  Second  Ward. 
Boundary  of  Third  Ward. 
Boundary  of  Fourth  ward 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 


Section  1.  Division  of  the  city  into  wards.  The 
city  of  Mendota  shall  be  and  is,  hereby,  divided  into 
four  wards,  which  are  designated  as  the  First, Second, 
Third,  and  Fourth  as  follows: 

Sec.  2.  Boundary  of  First  Ward.  All  of  that 
portion  of  the  city  of  Mendota  lying  north  of  the  center 
of  Washington  street  and  west  of  the  half  section  line 
shall  be  known  as  the  first  ward  of  said  city. 

Sec.  3.  Boundary  of  Secotid  Ward.  All  of  that 
portion  of  the  city  of  Mendota  lying  south  of  the  center 
of  Washington  street  and  west  of  the  Illinois  Central 
railroad  shall  be  known  as  the  second  ward  of  said  city. 

Sec.  4.  Boundary  of  Third  Ward.  All  that  por¬ 
tion  of  the  city  of  Mendota  lying  south  of  the  center  of 
Sixth  street  and  east  of  the  Illinois  Central  railroad, 
shall  be  known  as  the  Third  ward  of  said  city. 

Sec.  5  Boundary  of  Fourth  Ward.  All  that 
portion  of  the  city  of  Mendota  lying  north  of  the  center 
of  Sixth  street,  and  east  of  the  half  section  line  shall 
be  known  as  the  Fourth  ward  of  said  city. 


REVISED  ORDINANCES. 


229 


CHAPTER  XXXVI. 


WATER  RATES. 


Section  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 


Application. 

Water  rents — when  paid. 

Consumers  to  keep  their  pipes  in  order. 

F raudule n  t  representation— penalty . 
Consumer  not  to  supply  others — penalty. 

To  permit  committee  to  examine,  etc. 

No  alterations  without  permit — penalty. 
Notice  to  discontinue — when. 

Water  taken  from  mains. 

Water  not  to  be  left  running  without  permit. 
Interfering  with  hydrants — penalty. 

Right  to  shut  off  water — when,  etc. 
Committee  to  enforce  rules. 

Sprinkling  season. 

Water  rates. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota  : 

That  the  following-  rules,  regulations,  and  rates  be 
established  for  the  management  of  the  water  works  in 
the  city  of  Mendota,  Illinois: 

SECTION  1.  Application.  All  persons  desiring  to 
take  water  from  the  city  of  Mendota,  must  make  ap¬ 
plication  for  the  same  to  the  water  committee,  setting 
forth  all  purposes  for  which  said  water  will  be  used 
upon  the  premises  so  that  they  may  be  assessed  ac¬ 
cording  to  the  established  rates,  and  also  deposit  with 
the  City  Treasurer  $5.25  to  pay  for  tap,  cut-oif  cock 
and  box,  and  upon  compliance  with  the  above,  if  said 
premises  are  located  on  the  line  of  any  water  main  it 
shall  be  the  duty  of  the  proper  authorities  to  make  the 
tap  and  pipe  to  the  sidewalk  in  front  of  said  premises 
and  put  in  cut-off  cock  and  box. 


230 


REVISED  ORDINANCES. 


Sec.  2.  Water  rents — when  paid.  Water  rents 
must  be  paid  semi-annually  in  advance,  on  the  first 
day  of  May  and  November  at  the  office  of  the  city 
treasurer.  Ten  per  cent,  will  be  added  if  not  paid 
within  10  days  thereafter. 

SEC.  3.  Consumers  to  keep  their  pipes  in  order . 

Persons  taking  water  must  do  so  at  their  own  expense 
and  must  keep  their  service  pipe,  stop  cock,  and  appa¬ 
ratus  in  good  repair,  protect  them  from  frost  and  pre¬ 
vent  all  unnecessary  waste  of  water. 

Sec.  4.  Fraudulent "representation — penalty.  In  case  of 
fraudulent  representations  on  the  part  of  the  applicant, 
or  unnecessary  waste  of  water,  or  running  garden, 
lawn,  or  street  sprinklers  at  times  other  than  are  speci¬ 
fied  in  this  ordinance, the  payment  will  be  forfeited  and 
the  supply  of  water  shut  off, and  any  person  or  persons 
proven  guilty  of  such  fraudulent  representations  or  of 
such  unncessary  waste  of  water  or  running  sprinklers 
contrary  to  this  ordinance  without  written  permission 
from  the  water  committee  shall  forfeit  and  pay  to  the 
city  of  Mendota  a  fine  not  exceeding  ten  dollars. 

Sec.  5.  Consumer  not  to  supply  others.  No  con¬ 
sumer  shall  supply  other  persons  or  families  or  suffer 
them  to  take  water  except  for  drinking  on  the  premises 
under  a  penalty  of  five  dollars  for  each  and  every  offense. 

Sec.  6.  To  permit  committee  to  examine.  Per¬ 
sons  taking  water  shall  at  reasonable  hours  permit  the 
aforesaid  committee  or  their  agent  to  enter  their  prem¬ 
ises  and  examine  the  manner  in  which  the  water  is 
used. 

Sec.  7.  No  alteration  without  permit.  No  alter¬ 
ations  shall  be  made  in  the  pipes  or  water  cocks  with¬ 
out  the  permission  of  said  committee.  Any  plumber 
or  other  person  making  additions  or  alterations  with- 


REVISED  ORDINANCES. 


231 


out  permission  shall  be  subject  to  a  fine  of  twenty-five 
dollars  for  each  offense. 

Sec.  8.  Notice  to  discontinue.  Persons  wishing- 
to  discontinue  the  water  must  give  written  notice 
thereof  to  the  city  clerk  previous  to  the  expiration  of 
the  time  for  which  payment  has  been  made  or  became 
due  and  remain  unpaid,  otherwise  they  will  be  liable 
for  the  rent  for  the  ensuing-  six  months,  arid  in  every 
case  where  the  water  has  been  cut  off  in  pursuance  of 
such  notice  or  for  cause,  it  shall  not  be  turned  on  ag’ain 
until  a  penalty  of  $2.00  has  been  paid. 

Sec.  9.  Water  taken  from  mains.  Water  must 
be  taken  from  the  main-s  in  such  manner  as  will  occas¬ 
ion  the  least  inconvenience  to  the  public,  and  the  streets 
and  sidewalks  must  be  restored  to  as  g-ood  condition  as 
previous  to  excavation. 

Sec.  10.  Water  not  to  be  left  running-.  The 
water  must  in  no  case  be  left  running-  except  with  the 
written  permission  of  the  water  committee. 

Sec.  11.  1 nterfer ring-  with  hydrants.  No  person 

shall  open  or  interfere  with  the  hydrants  without  per¬ 
mission  of  water  committee  or  some  officer  of  the  fire 
department  under  a  penalty  of  ten  dollars  for  each 
offense. 

Sec.  12.  Right  to  shut  off  water.  In  case  of  fire 
or  an  alarm  of  fire  or  in  making-  repairs  or  constructing- 
new  work,  the  city  reserves  the  rigffit  to  shut  off  the 
water  and  keep  it  shut  off  as  long-  as  necessary,  and  the 
city  reserves  the  rigffit  to  chang-e  the  water  rates  and 
rules. 

Sec.  13.  Committee  to  enforce  rules.  The  com¬ 
mittee  on  water  of  the  city  council  will  see  that  these 
rules  are  enforced. 


232 


REVISED  ORDINANCES. 


Sec.  14.  Sprinkling'  season.  The  sprinkling' 
season  for  lawns,  gardens,  and  streets,  shall  commence 
on  the  first  day  of  May  and  close  on  the  first  day  of 
November  following,  and  the  city  reserves  the  right  to 
shut  off  the  water  from  all  sprinklers  from  the  first 
day  of  November  until  the  first  day  of  May  each  year. 
Persons  having  lawn  privilege,  may  use  the  water  two 
hours  a  day,  but  shall  not  be  allowed  to  use  the  same 
after  eight  o’clock  in  the  evening.  All  persons  using 
fountains  or  sprinklers  are  required  to  immediately 
shut  off  the  water  upon  an  alarm  of  fire. 

Sec.  15.  Water  rents.  In  sprinkling  streets  and 
sidewalks  each  water  taker  shall  confine  himself  to 
the  front  of  his  premises  and  one-half  the  width  of  the 
street  thereof  unless  a  special  contract  is  made  to  use 
more  water.  Hose  larger  than  three-fourths  of  an  inch 
will  not  be  permitted  for  such  purposes  except  by  a 
special  contract.  Sprinkling  without  nozzle  or  an 
opening  greater  than  one-fourth  of  an  inch  is  strictly 
forbidden. 


WATER  RATES. 


Per  annum 

Bakeries . $  6  00 

Beer,  ale  and  soda  bottling  establishments .  10  00 

Barber  shops,  one  chair . •  •  •  • .  2  00 

Barber  shops,  each  additional  chair .  1  00 

Billiard  rooms,  each  room . .  4  00 

Building-  purposes  per  1,000  brick,  to  be  paid  in  advance.  ...  10 

Building-  purposes  plastering  100  yards,  to  be  paid  in  advance  15 
Building  purposes  stone  per  cord,  to  be  paid  in  advance .  25 


Banks . . . 

Butcher  stalls  from 
Blacksmith  shops . 


per  annum 

. $  3  00 

3  00  to  5  00 
.  3  00 


REVISED  ORDINANCES. 


233 


Cisterns  filled  from . 2  00  to  3  00 


Churches  free  and  the  city  will  be  to  no  expense  for  labor  or 

material  for  furnishing-  churches . 

Cigar  manufactories .  5  00 

Dental  offices . 3  00 

Plating  houses .  5  00 

Fountains  1-16  inch  jet,  season .  4  00 

Fountains  £  inch  jet,  season . ; .  10  00 

Family  privilege,  one  faucet .  4  0^ 

Family  privilege,  each  additional  faucet .  1  00 

Hotels  from . 25  00  to  50  00 

Lawn  sprinklers  used  in  connection  with  fountain  or  family 

privilege .  3  00 

When  used  separately .  5  00 

Sprinkling  streets,  including  sidewalk,  per  front  for  stores.  .  .  2  00 

Ice  cream  saloons  and  bakeries . .  8  00 

Livery,  sale  and  feed  stables  including  washing  carriages,  12 

stalls  and  over .  20  00 

Under  12  stalls .  15  00 

P'eed  yards . 15  00 

Manufacturing  establishments  special  rates . 

Photograph  galleries . 10  00 

Private  stables,  1  horse  or  cow  and  washing  carriage .  3  00 

Each  additional  horse  or  cow .  1  00 

Printing  offices .  4  00 

Private  boarding  houses  from . 6  00  to  15  00 

Private  bath  tubs  each . 2  00 

Public  bath  tub .  5  00 

Each  additional  tub .  1  00 

Stores .  4  00 

Saloons .  6  00 

Saloons  using  hydraulic  pressure  separately .  10  00 

Saloons  using  urinals  separately . ' .  15  00 

Saloons  using  all  of  the  above .  20  00 

Steam  engine,  each  horse  power .  2  00 

Steam  engine,  each  horse  power  24  hours  per  day .  4  00 

Soda  fountains  each .  3  00 

Water  carts  per  100  gallons .  15 

Work  shops,  10  persons .  3  00 

Water  closets,  private . 2  00 


234 


REVISED  ORDINANCES. 


Urinals . .  3  00 

Water  closets,  public, one  bowl .  4  00 

Each  additional  bowl .  1  50 


METER  RATES. 

Private  families . 35cts  per  1000  gals. 

Manufacturers . 12cts  per  1000  g-als. 

For  all  other  purposes  from . 15  to  20cts  p^r  1000  gals. 

Parties  having  contract  with  the  city  for  sprinkling 
public  street  may  take  water  from  the  standpipe  for 
same  without  charge. 

The  water  committee  shall  have  the  power  to 
place  a  water  meter  so  as  to  measure  the  water  used 
by  any  water  consumer  within  the  city  at  any  time  said 
committee  shall  deem  it  to  be  to  the  best  interest  of 
the  city  to  do  so,  and  thereupon  assess  such  consumer 
regular  meter  rates. 


MISCELLANEOUS 


ORDINANCES 

OF  THE 


CITY  OF  MENDOTA. 


MISCELLANEOUS,  ETC. 


NUMBER  I. 

A  n  ordinance  granting-  permission  to  erect  and  maintain 
a  system  of  telephones ,  or  a  telephone  exchange  in 
Mendota .  ( Passed  July  yth ,  1882.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  That  the  Central  Telephone  Com¬ 
pany  and  its  successors  and  assigns  be  and  they  are 
hereby  granted  the  right  of  way  through,  in,  and  upon 
the  streets,  sidewalks,  alleys,  and  public  grounds  in 
the  city  of  Mendota,  county  of  La  Salle,  and  state  of 
Illinois,  for  the  use  and  purpose  of  therein  and  thereon 
to  erect  and  maintain  and  use  all  the  necessary  poles 
or  posts  of  wood,  iron,  or  other  suitable  material,  and 
the  necessary  wires  successfully  to  operate  and 
use  a  system  of  telephones  or  a  telephone  exchange  in 
the  city  of  Mendota  aforesaid:  Provided ,  that  the  said 
Central  Telephone  Company  and  its  successors  and 
assigns  shall  maintain  and  use  (under  proper  and 
reasonable  restrictions  and  rules)  an  office  and  operator 
on  lines  and  telephone  wires  at  some  convenient  point 
in  said  city,  and  shall  so  set  said  poles  or  posts  and 
place  the  wires  thereon  in  such  places  and  in  such  man¬ 
ner  as  not  to  interfere  with  travel  on  said  streets,  side- 
walks,  alleys,  and  public  grounds  aforesaid,,  and  shall 


238 


REVISED  ORDINANCES. 


put  and  keep  in  good  order  all  those  parts  of  the  same 
interfered  with  or  used  in  the  erection  of  said  poles  or 
posts,  and  shall  thereafter  so  maintain  the  same  in  like 
good  order. 

Sec.  2.  Said  poles  shall  be  so  set  as  not  to  inter¬ 
fere  with  the  flow  of  water  in  any  gutter  or  drain  in 
said  city,  and  the  points  of  location  shall  be  determined 
under  the  direction  of  the  street  commissioner  or  the 
city  civil  engineer. 

Sec.  3.  The  city  council  expressly  reserves  the 
right  to  grant  the  right  of  way  through,  in,  and  upon 
said  streets,  sidewalks,  alleys,  and  public  grounds  for 
the  erection,  maintainance,  and  use  of  the  necessary 
poles,  posts,  and  wires  of  any  telephone  company  or 
individuals  whenever  requested;  the  same  not  to  inter¬ 
fere  with  proper  and  successful  use  of  the  rights  here¬ 
by  granted  to  the  said  Central  Telephone  Company 
and  its  successors  and  assigns. 

Sec.  4.  The  city  council  shall  enact  such  ordi¬ 
nances  as  may  become  necessary  for  the  protection  of 
telephone  poles,  fixtures,  and  wires  against  abuse  and 
injury. 


239 


REVISED  ORDINANCES. 


NUMBER  II. 

An  ordinance  in  relation  to  electric  light .  ( Passed 

July  13th ,  1883.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  That  permission  and  authority  be 
and  the  same  is  hereby  granted  unto  Lewis  R.  Curtis, 
Max  A.  E.  Haass,  David  Rude,  and  Prank  P.  Snyder, 
of  Mendota,  Illinois,  and  to  their  associates  and  assigns, 
to  erect,  construct,  complete,  and  operate  electric  light 
works  to  furnish  light  and  power,  and  for  the  use  for 
chemical  and  mechanical  purposes  in  the  city  of  Men¬ 
dota,  Illinois,  and  the  said  grantees  or  either  of  them  or 
their  employes  are  hereby  authorized  to  use  the 
streets,  avenues,  lanes,  alleys,  public  grounds,  and  side¬ 
walks  belonging  to  or  under  the  control  of  the  city,  as 
it  is  now  laid  out,  extended,  or  enlarged  for  the  pur¬ 
pose  of  conveying  electricity  in  and  through  the  city 
for  the  use  of  the  city  and  its  inhabitants  for  the  pur¬ 
pose  above  stated;  and  the  right  of  way  is  hereby  given 
to  said  grantees  through  such  streets,  avenues,  lanes, 
alleys,  public  grounds,  and  sidewalks  for  erecting  the 
necessary  poles  and  laying  the  necessary  wires  and 
other  appliances  in,  through,  under,  and  over  the  said 
streets,  alleys,  avenues,  lanes,  public  grounds  and  side¬ 
walks  for  the  purposes  herein  stated:  Provided ,  that 
said  streets,  avenues,  lanes,  alleys,  public  grounds,  and 
sidewalks  shall  not  be  unnecessarily  and  continuously 
obstructed  and  they  shall  be  within  a  reasonable  length 
of  time  placed  as  near  as  possible  in  as  good  repair 
and  condition  as  before  said  streets  were  so  obstructed. 


240 


REVISED  ORDINANCES. 


Sec.  2.  The  city  of  Mendota  shall  and  will  ab¬ 
stain  for  a  period  of  fifteen  years  from  the  date  of  the 
passage  of  this  ordinance  from  authorizing  or  granting 
unto  any  other  person  or  persons,  company  or  corpora¬ 
tion,  the  right  or  privilege  of  using  any  of  the  said 
streets,  avenues,  lanes,  alleys,  public  grounds,  or  side¬ 
walks,  for  the  purpose  of  conveying  electricity  over, 
under,  or  through  such  streets,  lanes,  avenues,  alleys, 
public  grounds,  or  sidewalks,  for  the  purpose  of  fur¬ 
nishing  light,  or  power,  or  to  be  used  for  chemical  or 
mechanical  purposes,  and  that  no  right  of  way  will  be 
granted  to  any  person,  persons,  company,  or  corpora¬ 
tions,  through,  under,  or  over,  the  said  streets,  alleys, 
avenues,  lanes,  public  grounds,  and  sidewalks,  for  the 
purposes  herein  granted  to  the  grantees:  Provided ', 
that  if  the  above  named  grantees  and  their  associates 
shall  form  a  company  and  become  incorporated  under 
the  laws  of  this  state  under  the  name  of  Mendota  Elec¬ 
tric  Light  company  for  the  purposes  set  forth  in  Sec¬ 
tion  one,  that  then  and  in  that  case  all  the  authority 
and  power,  rights,  and  privileges  herein  vested  in  the 
said  grantees  shall  be  vested  in  and  granted  to  the  said 
Mendota  Electric  Light  Company. 

Sec.  3.  That  if  the  grantees,  or  the  said  Mendota 
Electric  Light  Company  shall  not  have  commenced  the 
work  of  erecting  said  electric  light  works  within  one 
year  and  shall  not  have  completed  the  same  within  two 
(2)  years  from  the  date  hereof, that  the  authority  herein 
granted  shall  be  forfeited  a,nd  the  authority  void. 


REVISED  ORDINANCES. 


241 


NUMBER  III. 

An  ordinance  in  relation  to  sewers.  (Passed  July  gth , 

/  887.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

That  permission  and  authority  be,  and  is  hereby 
granted  unto  the  Illinois  Central  Railroad  company, 
and  the  Chicago  Burlington  &  Quincy  Railroad  com¬ 
pany,  to  lay,  construct,  and  complete  a  sewer  pipe, 
socket  joints,  not  less  than  ten  inches  in  diameter,  ce¬ 
mented  with  Portland  cement,  under  and  along  the  cen¬ 
ter  of  the  following  named  streets  and  avenues,  within 
the  city  of  Mendota:  commencing  at  the  site  of  the 
new  passenger  house,  within  the  city  of  Mendota,  run¬ 
ning  thence  east  along  the  center  of  8th  street  to  First 
Avenue,  thence  north  along  the  center  of  First  Avenue 
to  the  creek,  provided  that  said  street  and  avenues 
shall  not  be  unnecessarily  and  continuously  obstructed, 
and  they  shall  be  within  a  reasonable  length  of  time 
placed  as  near  as  possible,  in  as  good  repair,  and  con¬ 
dition  as  before  said  streets  were  so  obstructed. 


242 


REVISED  ORDINANCES. 


NUMBER  IV. 


An  ordinance  in  relation  to  borrozving  money  for  water 

works.  ( Passed  Oct.  2,4th,  i88g.) 

Whereas,  it  appearing-  to  the  city  council  of  the 
city  of  Mendota,  that  the  appropriation  heretofore 
made  for  the  water  works,  or  the  water  works  fund, 
of  said  city  is  insufficient  to  pay  the  indebtedness  in¬ 
curred  in  the  erection  of,  and  the  expenses  occurring- 
in  the  maintainance  of  the  water  works  of  said  city; 

And  it  further  appearing-  that  a  petition  sig*ned  by 
a  majority  of  the  leg-al  voters  of  said  city,  praying-  that 
the  city  council  of  said  city,  make  an  additional  appro¬ 
priation  of  the  sum  of  three  thousand  dollars  to  the 
water  works,  or  water  fund  of  said  city,  and  to  take 
such  action  and  pass  such  ordinances  as  may  be  necess¬ 
ary  to  make  such  additional  appropriation, and  procure 
the  money  required  to  pay  the  same, has  been  filed  with 
the  city  clerk  of  said  city.  Therefore, 

Be  it  ordained  by  the  City  Councit  of  the  City  of  Mendota : 

That  there  be',  and  there  is,  hereby  appropriated 
to  the  water  works,  or  water  fund  of  said  city 
for  the  purposes  of  paying-  the  indebtedness  in¬ 
curred  in  the  erection  of,  and  expenses  incurred 
and  incurring-,  in  the  maintaining-  of  the  water 
works  of  said  city,  the  sum  of  three  thousand  dollars 
out  of  any  moneys  or  funds  now  in  the  treasury  belong- - 
ing-  to  said  city,  not  otherwise  appropriated,  and 
in  case  there  should  be  a  deficiency  of  fund  in  the  treas¬ 
ury  to  meet  said  appropriation,  then  the  city  council  of 
said  city,  is  hereby  authorized  and  empowered  to 
borrow  for  said  city  said  sum  of  money,  or  any  part 


REVISED  ORDINANCES. 


243 


thereof,  for  a  term  not  exceeding  eight  years,  at  any 
rate  of  interest  not  exceeding  seven  per  cent  per  an¬ 
num,  and  that  the  mayor  and  city  clerk  are  hereby  em¬ 
powered  to  issue  bonds  therefor. 


NUMBER  V. 


An  ordinance  disconnecting *  the  east  half  of  the  west 
half  of  section  34.,  town  36,  from  the  city  of  Men- 
dota.  ( Passed  June  3th ,  1882.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota-. 

Sec.  1.  That  the  east  j,  of  the  west  J,  of  section 
34,  township  36,  N.  Range  1  east  of  the  3rd  P.  M.,  in 
the  county  of  La  Salle  and  State  of  Illinois  be  and  the 
same  is  hereby  declared  to  be  disconnected  from  the 
corporate  and  territorial  limits  of  the  city  of  Mendota. 

Sec.  2.  This  ordinance  shall  be  in  force  after  its 
passage  and  due  publication. 


NUMBER  VI. 


An  ordinance  in  relation  to  vacating  Front  street. 
(Passed  July  2nd ,  1888.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Sec.  1.  That  that  portion  of  Front  street  lying 
between  Eighth  street  and  Ninth  street  in  the  Illinois 
Central  Railroad  Company’s  addition  to  the  city  of 
Mendota  be  and  the  same  is  hereby  vacated  and  aband¬ 
oned. 


244 


REVISED  ORDINANCES. 


NUMBER  VII. 

An  ordinance  in  relation  to  gas.  (Passed  jth,  1885.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota : 

Section  1.  That  permission  and  authority  be, 
and  the  same  is,  hereby,  granted  unto  the  Mendota 
Gas  Works,  and  to  their  associates  and  assigns, 
to  erect,  construct,  complete,  and  operate  works 
for  the  storage  and  distribution  of  natural,  coal, 
and  water  gas,  for  the  purpose  of  heating  and 
illuminating  in  the  city  of  Mendota,  Ill.,  and  the 
said  grantees,  their  associates  or  assigns,  are  hereby 
authorized  and  empowered  to  use  the  streets,  alleys, 
avenues,  public  grounds,  and  sidewalks  belonging  to  or 
under  the  control  of  the  city  as  it  is  now  laid  out,  or 
may  be  hereafter  laid  out,  enlarged,  or  extended,  for 
the  purpose  of  laying  down  or  repairing  pipes  for  the 
conveyance  of  gas  in  or  through  the  city,  for  the  use  of 
the  city  or  its  inhabitants:  Provided ,  that  said  streets, 
avenues,  alleys,  public  grounds,  and  sidewalks  shall 
not  be  continuously  or  unnecessarily  obstructed,  and 
that  they  shall,  in  reasonable  time,  be  placed  in  as 
good  repair  and  condition  as  before  said  pipes  were  laid 
down  or  repaired. 

Sec.  2.  That  the  grantees  shall,  within  one  year 
from  the  date  of  the  passage  of  this  ordinance,  com¬ 
mence  the  laying  of  mains  for  the  distribution  of  gas  to 
the  city  and  its  inhabitants,  to  such  an  extent  as  may 
be  demanded  and  under  the  conditions  of  this  ordinance. 

Sec.  3.  That  said  grantees  shall  purchase  and 
lay  down  main  pipe  in  this  city  to  any  lamp  post  erect¬ 
ed  in  the  city  of  Mendota,  within  thirty  days  from  the 


REVISED  ORDINANCES. 


245 


date  such  lamp  post  is  ordered  to  be  erected  by  said  city: 
Provided \  said  lamp  posts  shall  be  erected  on  or  along- 
consecutive  blocks,  and  said  grantees  shall  lay  down 
mains  to  such  residences  in  this  city  as  ma}T  be  desig-- 
nated  by  the  owners  thereof,  who  express  their  inten¬ 
tion  to  use  g"as,  and  to  do  so  within  30  days  after  the 
g’as  pipes  are  laid:  Provided ,  that  the  said  grantee  shall 
not  be  required  to  lay  mains  to  any  residence  unless 
such  residence  be  within  a  block  which  is  consecutive 
with  another  block  in  which  g"as  is  used,  and  said 
grantees  shall  have  the  rig-ht  to  remove  any  unused  main 
pipe  in  this  citv  belonging-  to  said  grantees. 

Sec.  4.  That  if  the  grantees  of  the  said  Men- 
dota  Gas  works  shall  not  have  complied  with  the  pro¬ 
visions  set  forth  in  section  2,  and  comply  with  all  other 
provisions  of  this  ordinance  within  the  time  specified, 
that  the  authority  herein  granted  shall  be  forfeited  and 
the  authority  void. 

NUMBER  VIII. 


An  ordinance  in  relation  to  borrowing"  money  for  zvater- 
works  and  issuing  bonds  therefor.  ( Passed  Nov. 
5th,  1888.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mcndota: 

That  the  mayor  and  clerk  of  the  city  be  and  are 
hereby  authorized  to  borrow  in  the  name  of  the  city  at 
a  rate  of  interest  not  exceeding-  six  per  cent,  the  sum 
of  twelve  thousand  dollars  for  the  use  of  said  city  to  be 
expended  for  water  works,  and  that  the  bonds  of  the 
city  be  issued  therefor  in  the  sum  of  five  hundred  dol¬ 
lars  with  interest  payable  semi-annually,  said  bonds  to 
be  payable  one  fourth  in  two  years, one  fourth  in  three 


246 


REVISED  ORDINANCES. 


years,  one  fourth  in  four  years,  and  one  fourth  in  five 
years,  after  the  date  thereof,  provided  that  no  applica¬ 
tion  shall  be  made  of  the  proceeds  of  said  bonds  except 
for  the  purposes  aforesaid. 


NUMBER  IX. 


An  ordinance  in  relation  to  funding' the  bonded  indebted¬ 
ness  of  the  City  of  Mendota .  ( Passed  July  6th , 

1892.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Sec.  1.  That  by  virtue  of  an  election  duly  held 
in  the  City  of  Mendota,  on  the  19th  day  of  April,  1892, 
wherein  the  proposition  to  refund  the  floating  indebted¬ 
ness  of  the  city  of  Mendota  by  issuing  bonds  amount¬ 
ing  to  eleven  thousand  five  hundred  dollars  was  sub¬ 
mitted  to  the  legal  voters  of  said  city  of  Mendota,  and 
a  majority  of  the  votes  cast  at  said  election  being  in 
favor  of  said  proposition. 

Sec.  2.  That  in  pursuance  of  said  election  the 
mayor  and  clerk  of  the  city  of  Mendota  be  and  are 
hereby  authorized  to  borrow  in  the  name  of  the  city  df 
Mendota,  at  the  rate  of  interest  not  to  exceed  five  per 
cent  per  year,  the  sum  of  eleven  thousand  five  hundred 
dollars  for  the  use  of  said  city,  to  be  expended  for  the 
payment  of  the  bonded  indebtedness  of  said  city 
amounting  to  eleven  thousand  five  hundred  dollars  now 
due  and  that  the  bonds  of  the  city  be  issued  thereof  in 
the  sums  of  five  hundred  dollars  with  interest  payable 
semi-annually,  said  bonds  payable  as  follows: 

Fifteen  hundred  dollars  due  three  years  from  May 
15th,  1892. 


REVISED  ORDINANCES. 


247 


Two  thousand  dollars  due  four  years  from  May 
15th,  1892. 

Two  thousand  dollars  due  five  years  from  May 
15th,  1892. 

Two  thousand  dollars  due  six  years  from  May  15th, 

1892. 

Two  thousand  dollars  due  seven  years  from  May 
15th,  1892, 

Two  thousand  dollars  due  eight  years  from  May 
15th,  1892. 

Sec.  3.  The  city  of  Mendota  reserves  the  right 
to  pay  said  bonds  on  or  before  maturity,  and  it  is  fur¬ 
ther,  provided  that  no  application  shall  be  made  of  the 
proceeds  of  said  bonds,  except  for  the  purpose  afore¬ 
said. 


NUMBER  X. 

A  n  ordinance  in  relation  to  traction  engines.  ( Passed 

Sept,  ist,  1890.) 

Be  it  enacted  by  the  City  Council  of  the  City  of  Mendota  : 

Section  1.  That  it  shall  be  unlawful  for  any 
person  or  persons  to  run  by  steam  power  without 
hitching  a  team  in  front  thereof  any  traction  engine 
along  or  upon  any  of  the  streets  within  the  city  of 
Mendota. 

Sec.  2.  Any  person  or  persons  violating  section 
one  of  this  ordinance,  shall  forfeit  and  pay  to  the  city 
of  Mendota  a  fine  of  not  less  than  three  dollars  nor 
more  than  ten  dollars  for  each  and  every  offense. 


248 


REVISED  ORDINANCES. 


NUMBER  XI. 

An  ordinance  granting  to  the  Automatic  Telephone  and 
Electric  Company ,  an  Illinois  Corporation ,  its  suc¬ 
cessors  and  assigns ,  the  right  to  place  and  main¬ 
tain  upon  the  streets,  alleys,  and  public  grounds  of 
the  City  of  Mendota ,  Illinois,  all  poles,  wires  and 
fixtures  necessary  and  convenient  for  supplying  the 
public  with  communication  by  telephone  or  other 
improved  electrical  devise,  for  the  period  of  twenty 
(20)  years  upon  the  terms  and  condition  therein 
stated.  ( Passed  July  3rd,  1893.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  That  the  right  is  hereby  granted  to 
the  Automatic  Telephone  and  Electric  Company,  its 
successors  and  assigns,  for  a  period  of  twenty  (20) 
years  from  and  after  the  passage  of  this  ordinance,  to 
place  and  maintain  upon  the  streets,  alleys  and  public 
grounds  of  said  city,  the  poles,  wires  and  fixtures  nec¬ 
essary  and  convenient  for  supplying  the  citizens  of 
said  city,  and  the  public  communication  by  telephone  or 
other  improved  electrical  device,  all  to  be  done  and 
maintained  under  the  terms  and  conditions  hereinafter 
set  forth. 

Sec.  2.  Any  and  all  poles,  wires  and  fixtures 
hereinafter  erected,  strung  or  placed  in  said  city  under 
this  ordinance,  shall  be  so  erected,  strung  or  placed 
only  upon  the  approval  of  the  Committee  on  Streets 
and  Alleys  of  the  city  council  of  said  city,  or  such 
other  officer  or  officers  as  the  city  council  may  desig¬ 
nate. 

Sec.  3.  It  is  not  required  or  expected  that  the 
main  leads  or  lines  of  poles  having  been  put  in  place 


REVISED  ORDINANCES. 


249 


shall  be  required  to  be  taken  up  and  placed  elsewhere 
but  should  any  pole  or  any  structure  at  any  point  inter¬ 
fere  with  any  public  or  private  interests,  the  city 
council  may,  and  said  Company  agrees  on  demand,  to 
so  change  the  same  that  such  objection  shall  be  obvi¬ 
ated,  and  such  telephone  communication  be  properly 
maintained  and  continued,  and  such  order  of  the  city 
council  when  made,  shall  be  carried  out  by  such  com¬ 
pany  without  cost  or  expense  to  said  city,  and  when 
poles  are  moved  from  any  place  in  the  streets, all  exca¬ 
vations  shall  be  immediately  refilled,  and  all  pave¬ 
ments  and  sidewalks  restored  in  good  order  by  said 
Company,  free  of  cost  to  the  city. 

Sec.  4.  All  excavations  made  in  setting  or  erect¬ 
ing  poles  shall  be  immediately  refilled  in  good  work¬ 
manlike  manner,  and  all  pavements  and  sidewalks  in¬ 
terfered  with  shall  be  immediately  reconstructed  so  as 
to  be  left  in  as  good  condition  as  they  were  before  such 
interference,  and  all  as  may  be  required  by  said  city 
council. 

Sec.  5.  Said  Automatic  Telephone  and  Electric 
Company,  its  successors  and  assigns,  shall  fully  pay, 
satisfy,  and  discharge  any  and  all  claims,  demands, 
damages,  costs,  or  charges  resulting  to  others,  either 
to  person  or  property  from  the  exercise  of  any  right 
or  privilege  hereby  granted,  and  shall  at  all  times  in¬ 
demnify  and  protect  said  city  on  account  of  any  such 
damage  claimed  or  recovered. 

Sec.  6.  Said  Automatic  Telephone  and  Electric 
Company,  its  successors  or  assigns,  in  consideration  of 
the  grant  hereby  made  shall,  so  long  as  an  exchange 
is  mintained  hereunder  furnish  to  said  city,  for  city 
business,  two  telephones  to  be  placed  and  used  within 
the  corporation  limits  free  of  charge,  provided  that  for 


250 


REVISED  ORDINANCES. 


each  of  said  instruments  so  furnished,  separate  written 
contracts  containing  the  customary  provisions  shall  be 
previously  signed  having  endorsed  thereon  the  fact 
that  no  monied  payments  shall  be  made. 

Sec.  7.  This  ordinance  and  all  rights  and  privi¬ 
leges  hereunder  shall  be  taken  and  used  subject  to  any 
and  all  such  ordinances  and  regulations  of  a  police  na¬ 
ture,  governing  the  erection,  construction,  maintain- 
ance,  and  use  of  such  structures  in  public  streets,  al¬ 
leys,  or  places  as  are  now  in  existence, or  may  hereafter 
be  legally  adopted  by  the  city  council  of  said  city. 

Sec.  8.  The  rate  for  telephone  exchange  service 
in  said  city,  shall  not  exceed  said  Company’s  regular 
schedule  of  rates  for  other  cities  of  the  same  class  un¬ 
der  like  conditions,  and  in  no  event  shall  the  maximum 
charge  for  office  service  be  more  than  forty  (40)  dollars, 

and  for  residence  service  more  than  thirty  (30)  dollars 
per  year. 

Sec.  9.  Should  said  Company,  its  successors,  or 
ass.igns  fail  to  comply  with  any  of  the  provisions  of 
this  ordinance,  their  rights  hereunder  may  be  forfeited 
by  said  city  by  ordinance  or  resolution,  provided  that 
notice  of  such  default  on  the  part  of  said  Company, 
and  the  intention  of  said  Company,  and  the  intention 
of  said  city  shall  first  be  given  to  said  Company,  and 

an  opportunity  for  explanation  and  hearing  previously 
allowed  it. 

Sec.  10.  This  Ordinance  shall  be  in  force  ten  (10) 
days  after  its  passage  and  publication,  and  the  filing 
in  the  office  of  the  city  clerk  by  said  Company  of  an 
unconditional  written  acceptance  of  its  provisions, 
which  acceptance  shall  be  filed  in  the  office  of  said  city 
clerk  within  sixty  (60)  days  after  the  due  publication 

of  this  ordinance,  (which  publication  of  this  ordinance, 
shall  be  paid  for  by  said  Company). 


' 

. 


. 


' 


PUBLICATION. 


An  ordinance  providing"  for  the  publication  of  the  ordi¬ 
nances  of  the  City  of  Mendota. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Mendota: 

Section  1.  That  the  foregoing  ordinances,  ar¬ 
ranged  in  chapters,  prepared  and  submitted  by  John 
A.  Lamberton,  City  Attorney,  numbered  from  I  to 
XXXVI  both  inclusive,  and  more  particularly  de¬ 
scribed  by  their  respective  titles  as  follows,  to  wit: 


Chapter  I. 
II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 

XVII. 


The  Mayor  and  his  Duties. 

The  City  Council. 

The  City  Clerk. 

The  City  Attorney. 

The  City  Treasurer. 
Superintendent  of  Streets. 

City  Pound  Master. 

The  City  Surveyor. 

The  City  Printer. 

Animals. 

Classification  of  Expenditures. 
Contracts  for  Public  Works. 
Corporate  Seal. 

Dram  Shops  and  Liquor  Licenses. 
Pines  and  Penalties. 

Fire  Department. 

Pire  Districts. 


254 


REVISED  ORDINANCES. 


XVIII. 

Fire  Limits. 

XIX. 

Fire  Regulations. 

XX. 

Licenses. 

XXI. 

Misdemeanors. 

XXII. 

Nuisances. 

XXIII. 

Plumbers. 

XXIV. 

Police  Department. 

XXV. 

Public  Health. 

XXVI. 

Public  Health  Regulations. 

XXVII. 

Public  Library. 

XXVIII. 

Public  Safety. 

XXIX. 

Railroads. 

XXX. 

Scavengers. 

XXXI. 

Sewers. 

XXXII. 

Sidewalks — Construction  of. 

XXXIII. 

Streets — Soecial  Assessments. 

A. 

XXXIV. 

Streets,  Alleys,  Sidewalks, and  Public 
Grounds. 

XXXV. 

Wards  and  Boundaries. 

XXXVI. 

Water  Rates: 

together  with  the  above  and  foregoing  ordinances  en¬ 
titled  “Miscellaneous,”  and  numbered  from  I  to  XI 
inclusive,  are  hereby  declared  to  be  the  ordinances  of 
the  city  of  Mendota,  and  it  is  hereby  further  ordered 
that  the  said  ordinances  above  mentioned  be  published 
in  book  form  by  authority  of  the  city  council  of  said 
city. 

Sec.  2.  That  all  public  or  general  ordinances  or 
parts  thereof  in  conflict  therewith  are  hereby  repealed: 
Provided ,  however ,  that  no  fine,  forfeiture,  penalty, 
right,  action,  suit, debt,  or  liability  whatsoever,  creat¬ 
ed,  instituted,  incurred,  or  accrued  by  or  under  the 
same  shall  be  released,  discharged,  annulled,  or  in  any 


REVISED  ORDINANCES. 


255 


wise  affected,  but  may  be  prosecuted,  recovered,  or 
enjoined  as  fully  and  in  the  same  manner  in  all  respects 
as  if  such  ordinance,  or  part  thereof,  had  remained  in 
full  force. 

Sec.  3.  That  all  ordinances  or  parts  of  ordi¬ 
nances  in  conflict  with  this  ordinance  are  hereby 
repealed. 

Sec.  4.  This  ordinance  shall  be  in  force  from 
and  after  its  passage  and  approval. 

Approved  this  14th  day  of  August,  A.  D.  1894. 

Charles  R.  Rogers,  Mayor. 

Passed  this  11th  day  of  August,  A.  D.  1894. 

George  Holland,  City  Clerk. 


256 


REVISED  ORDINANCES. 


CERTIFICATE  OF  AUTHENTICATION. 


STATE  OF  ILLINOIS, 

La  Saeee  County. 

City  of  Mendota , 

I.  George  Holland,  City  Clerk,  in  and  for  the  said 
city  in  the  county  of  La  Salle  and  state  of  Illinois,  and 
keeper  of  the  records  and  seal  of  said  city,  do  hereby 
certify  that  the  foregoing  ordinances  are  a  true,  per¬ 
fect,  and  authentic  copy  of  the  revised  ordinances  of 
the  city  of  Mendota.  consisting  of  thirty-six  ordinances 
arranged  in  chapters,  numbered  from  I  to  XXXVI, 
both  inclusive,  duly  passed  and  adopted  by  the  city 
council  of  said  city  and  approved  by  the  Mayor  there¬ 
of,  and  certain  ordinances  entitled  “Miscellaneous,’’ 
consisting  of  eleven  ordinances  numbered  from  I  to  XI, 
both  inclusive,  which  said  ordinances  were  heretofore 
duly  passed  and  adopted  by  the  City  Council  of  said 
city,  and  approved  by  the  Mayor  thereof,  together  with 
a  certain  ordinance  entitled,  “An  Ordinance  Providing 
for  the  Publication  of  the  Ordinances  of  the  City  of 
Mendota,”  passed  on  the  Eleventh  day  of  August,  A. 

D.  1894,  and  approved  on  the  Fourteenth  day  of  Aug¬ 
ust,  A.  D.  1894,  as  the  same  were  prepared,  revised  and 
arranged  by  John  A.  Lamberton,  City  Attorney,  and 
ordered  printed  and  published  in  book  form  by  the  city 
council  of  said  city,  the  same  being  printed  and  pub¬ 
lished  by  authoritv  and  according  to  law. 

I  further  certify  that  I  am  the  keeper  of  the  origi¬ 
nal  ordinances  of  which  the  above  and  foregoing  are 
true  and  correct  copies  and  that  the  same  are  now  on 
file  in  my  office. 

In  witness  whereof  I  have  hereunto  set  my  hand 
and  affixed  the  corporate  seal,  of  the  city  of  Mendota 
this  24th  day  of  August  A.  D.  1894. 

[E.  s.]  Geo.  Hoeeand,  City  Clerk. 


INDEX 


GENERAL  CONTENTS 


Page 

Catalogue  of  Officers .  5 

Statutes  Relating  to  Former  Charter .  10 

Rules  and  Order  of  Business  of  Council .  15 

Powers  of  the  City  Council .  21 

ORDINANCES. 

The  Mayor  and  his  Duties . 36 

The  City  Council .  40 

The  City  Clerk . 50 

The  City  Attorney .  54 

The  City  Treasurer .  58 

The  Superintendent  of  Streets  .  62 

The  City  Pound  Master .  .  . .  66 

The  City  Surveyor .  68 

The  City  Printer . 70 

Animals .  71 

Classification  of  Expenditures .  81 

Contracts  for  Public  Works .  85 

Corporate  Seal .  91 

Dram  Shops  and  Liquor  Licenses .  92 

Fines  and  Penalties .  102 

Fire  Department .  108 

Fire  Districts . 114 

Fire  Limits .  115 

Fire  Regulations .  118 

Licenses .  123 

Misdemeanors . 135 

Nuisances .  154 

Plumbers .  163 

Police  Department . 167 


260 


GENERAL  INDEX. 


Public  Health .  174 

Public  Health  Peculations .  179 

Public  Library . 182 

Public  Safety . 184 

Railroads . - . ; .  188 

Scaveng-ers . 192 

Sewers .  195 

Sidewalks .  200 

Streets — Special  Assessments .  205 

Streets,  Alleys,  Sidewalks  and  Public  Grounds .  216 

Wards  and  Boundaries .  228 

Water  Rates .  229 

MISCELLANEOUS  ORDINANCES. 

Telephones . '  237 

Electric  Lig-ht .  239 

Sewer  for  R.  R.  Co’s . .  241 

Borrowing-  Money  for  Water  Works .  242 

Disconnecting  Territory .  243 

Vacating-  Front  Street .  243 

Gas . ‘ . .  244 

Water  Works  Bonds .  245 

Funding- Ordinance .  246 

Traction  Engines . .  .  247 

Automatic  Telephones .  248 


GENERAL  INDEX 


l 

A. 

Accounts  Section  Page 

Treasurer  to  keep,  of  city  revenues .  2  59 

How  kept  by  treasurer .  7  60 

Superintendent  of  streets  to  keep,  of  time  of  em¬ 
ployees .  5  63 

Superintendent  of  streets  to  keep,  of  expenditures .  9  65 

A  ctions 

City  attorney  to  have  charge  of .  4  55 

Attorney  to  prosecute  for  violations  of  ordinances.  6  56 

Attorney  given  power  to  dismiss .  7  56 

Appeals  how  and  when  taken .  8  56 

Annual  report  to  city  council . 9  '56 

Attorney  to  keep  record  of .  10  57 

Attorney — statement  of  to  successor.  . .  11  57 

What  actions  brought  before  justices  of  the  peace.  1  102 

Magistrate  to  issue  warrant .  1  102 

Filing  complaint .  2  102 

Continuances — how  procured .  4  103 

No  dismissal  for  formal  defects .  5  104 

Actions  against  unknown  party .  6  104 

Trial  by  jury .  7  104 

Officers  to  attend  as  witnesses .  •  9  105 

Advertisements 

Using  private  or  public  property  for,  without  con¬ 
sent . 5  151 

For  contracts  in  excess  of  $200 .  2  86 

Clerk  to  advertise  forbids . .  4  86 

Advertising  by  public  outcry  prohibited .  21  226 


262 


general  index. 


Aldermen  •  Section.  Page 

Members  of  the  city  council . '......  1  41 

Qualifications  of .  2  41 

Committees — how  appointed .  6  42 

Majority  of— constitute  quorum .  8  43 

Required  to  vote .  10  44 

Report  of  committees  deferred  by  request  of  two.  .  15  45 

Amusements 

License  required  for,  when .  12  128 

License  fees .  13  128 

Disturbance  of — penalty . 6  138 

Not  engaged  in  on  Sunday . : .  2  153 

Place  of, closed  on  Sunday .  3  153 

Animals 

Running  at  large  of,  prohibited .  1  71 

To  be  impounded  when  running  at  large. .  2  72 

Private  citizen  may  impound,  when .  3  72 

Care  of  when  impounded .  4  72 

Complaint  by  pound  master .  5  73 

Complaint  against  unknown  owner . .  .  6  73 

Posting  of  notices .  7  74 

Docketing  case — trial .  8  74 

Order  of  sale — execution — return .  9  74 

Posting  of  notices  of  sale .  10  75 

Redemption — sale — postponement .  11  75 

Proceeds  of  sale  paid  to  magistrate .  12  76 

Breaking  open  pound . 13  76 

Power  conferred  on  pound  master .  14  77 

Running  on  sidewalk,  etc. — penalty .  17  224 

Fast  driving— penalty .  1  140 

Leaving  unfastened — penalty.  .  . *. .  2  141 

Riding  or  driving  on  sidewalk  or  lawn  prohibited  4  141 

Frightening  teams — obstructing  sidewalk .  10  143 

Appeals 

City  attorney  authorized  to  take,  when .  8  .56 

When  to  be  authorized  by  mayor  and  council. ...  8  56 

Appointments 

All  of,  to  be  made  by  mayor .  6  38 


GENERAL  INDEX. 


263 


Section  Page 

Record  of  to  be  kept  by  clerk .  13  53 

Appointment  of  policemen .  2  172 

Appointment — special  police .  1  173 

Appointment  of  city  pound-master .  2  66 

Appointment  of  health  inspector .  11  178 

Appointment  of  fire  marshal .  2  109 

Appropriation 

Yea  and  nay  vote  on  passage  of  ordinance  of .  11  44 

Annual  appropriation  ordinance — when  passed.  ...  19  46 

Expenditures  not  to  exceed .  20  46 

No  contract  without. .  21  47 

Tax  levy  for  ....  .  22  48 

Ordinance  for  to  be  published .  22  48 

Monthly  report  of  condition  of,  by  city  treasurer.  .  8  60 

Ashes 

Depositing  of  in  streets  and  alley  ways  prohibited.  11  222 

Assemblages 

Unlawful  defined,  prohibited . 3  137 

Permitting  on  private  premises  prohibited .  4  138 

Disturbing  unlawful — penalty  .  5  138 

Attorney ,  city 

Term  of  office — bond  and  oath .  1  54 

The  legal  adviser  of  city .  2  55 

To  draw  and  examine  papers .  3  55 

To  prosecute  and  defend  all  suits .  4  55 

To  collect  judgments . 5  55 

To  prosecute  for  violation  of  ordinances  ........  6  56 

Power  to  dismiss  suits.' .  7  56 

May  take  appeals .  8  56 

Annual  report .  9  56 

To  keep  record . . .  10  57 

Deliver  to  successor .  11  57 

Employment  of  deputy .  12  57 

Salary  . .  13  58 


264 


GENERAL,  INDEX. 


Auctioneers  Section  Page 

License  required .  6  126 

License  fee .  8  127 

License  not  transferable .  8  127 

Penalty  for  violating-  ordinance .  9  127 

Deceiving- bidders — penalty .  10  127 

Auction  defined .  11  128 

Sales  on  streets — how  conducted .  21  226 

Sale  on  streets  at  auction  prohibited .  22  226 

Exception  to  prohibition .  23  226 

Awnings 

How  constructed — penalty .  20  225 

Obstructing- streets  by — penalty .  17  160 

B. 

Badges 

Of  City  Marshal . 3  169 

Metal  bad g-es  for  dog-s .  2  78 

Dog-s  without  badges  to  be  killed .  4  78 

Of  policemen .  3  172 

Ball  Playing 

Playing  in  streets  prohibited . 9  143 

Bawdy  Houses  ( See  Houses  of  Ill-Fame ) 

Bids  (See  Public  Works) 

Billiard  Tables 

License  required . 15  129 

License  fee .  16  129 

All  rooms  to  be  closed  on, Sunday — time  of  closing.  17  130 

Minors  not  allowed  to  play  or  visit  room .  18  130 

Bill  Posters  ( See  Licenses ) 

Bill  Posting 

Permission  of  owner  of  premises .  21  161 

Defacing  of  property — penalty .  1  149 

Defacing  posters — penalty . 6  151 

Bill  board — when  a  nuisance.  .  _ .  22  162 

Board  of  Health  (See,  Public  Health) 


GENERAL,  INDEX.  265 


Bonds  Section  Page 

City  council  may  issue .  18  45 

Clerk  to  have  custody  of .  10  53 

Clerk  to  keep  record  of .  .  11  53 

To  accompany  all  bids .  5  87 

Contracts  for  public  works  secured  by .  7  87 

Members  of  council  not  to  sign .  8  88 

To  be  drawn  in  name  of  city .  9  88 

For  sale  of  intoxicating  liquors .  5  93 

Scavengers .  3  193 

Bonds ,  Official 

Of  mayor . 5  37 

Of  city  clerk .  1  50 

Of  attorney .  1  54 

Of  city  treasurer .  1  58 

Of  superintendent  of  streets .  2  62 

Of  city  marshal .  2  168 

Of  night  police . 2  172 

Of  special  policemen .  1  173 

Of  pound-master . 2  66 

Of  fire  marshal . 3  109 

Of  surveyor . . .  3  68 

Of  city  printer .  3  70 

Boundaries  (See  Wards) 

Borrow  Money 

Limited  to  five  per  cent,  of  valuation .  18  45 

Boys 

Throwing  of  missiles  prohibited .  14  144 

Loitering  about  streets  and  hotels  prohibited .  9  139 

Playing  about  railroad  tracks — penalty .  12  144 

Throwing  stones — penalty .  14  144 

Buildings 

Character  of  in  fire  limits .  2  115 

Wooden  buildings  prohibited  in  fire  limits .  3  116 

Damages  to,  how  determined .  4  11 6 

Penalty  for  violating  ordinance  .  5  117 

Wooden,  when  a  nuisance .  6  1 1 7 


266 


GENERAL  INDEX. 


Wooden,  defined .  7  117 

Erection  of  unsafe — penalty .  19  161 

Erection  of  on  street— penalty .  5  220 

Moving  of,  along  street — permission .  8  221 

c. 

Cellars 

When  become  a  nuisance .  3  1  5 

Leaving  open  door — penalty .  2b  1 6 1 

Guards  for  steps  to.  required .  13  223 

Chimneys 

How  constructed . 11-13  121 

City  Council — Rules  and  Order  of  Business  Rule  Page 

Rules  adhered  to .  1  15 

Council  called  to  order .  2  15 

Reading  of  minutes .  1st  15 

Presentation  of  petitions .  2nd  15 

Reports  of  standing  committees .  3rd  1 5 

Communications .  4th  15 

Unfinished  business .  5th  15 

Motions,  etc . .  6th  15 

Certain  questions  decided  without  debate .  3  16 

Mayor  to  preserve  order .  4  16 

No  member  to  leave  seat — when .  5,  6  16 

Member  rising  to  speak.  . .  7  16 

When  two  or  more  rise  at  once . ’ .  8  16 

No  member  to  speak  more  than  twice — when  ....  9  16 

Order  while  member  speaking .  10  16 

Appeals .  11  16 

When  member  shall  vote .  12  16 

Mayor  to  state  question . I'd  17 

Withdrawing  question . .  .  14  17 

Question  when  divided .  15  17 

Blanks  filled .  16  17 

Question  under  debate . .  .  17  17 

Previous  question,  etc .  18  17 

Previous  question — how  put .  19  17 


GENERAL  INDEX. 


267 


Rule  Pago 

Motion  to  adjourn .  20  17 

Resolutions .  21  18 

Ayes  and  noes .  22  18 

Committees  — how  appointed .  23  18 

Standing — select  committee— to  report — how  ....  24  18 

Reports — how  addressed .  25  18 

How  member  shall  present  communication .  26  IS 

Standing  committees — number .  27  18 

Number  of  committees .  28  18 

Election  of  aldermen  to  chair  .  29  19 

Regular  meetings  .  30  19 

Reading  rules —when .  31  19 

City  Council — Powers  of  Section  Page 

To  control  finances  of  the  corporation .  1  21 

Appropriate  money  for  corporate  purposes .  2  21 

Levy  and  collect  taxes .  3  21 

Fix  the  amount,  terms,  etc  ,  of  loans .  4  21 

Borrow  money  and  issue  bonds .  5  21 

t/ 

Levy  tax  to  pay  indebtedness .  5  21 

Issue  bonds  in  place  of  maturing  bonds .  6  22 

Open,  alter  and  improve  streets,  alleys,  etc .  7  22 

Plant  trees  upon  streets .  8  22 

Regulate  use  of  streets . 9  22 

*  •  •  / 

Remove  encroachments  or  obstructions .  10  22 

Provide  for  lighting  streets .  11  22 

Provide  for  cleansing  streets .  12  22 

Regulate,  lay  gas  pipes  and  sewers .  13  22 

Regulate  use  of  sidewalks,  etc .  14  22 

Prevent  depositing  of  ashes  etc.,  in  streets .  15  22 

Provide  for  cross-walks,  curbs,  and  gutters .  16  23 

Regulate  signs,  awnings  telegraph  poles,  etc  ....  17  23 

Regulate  banners,  placards  advertisements,  etc.  .  .  18  23 

Regulate  and  prevent  flying  of  flags,  etc .  19  23 

Regulate  traffic  and  sales  upon  streets,  etc .  20  23 

Regulate  speed  of  animals  and  locomotives .  21  23 

Regulate  numbering  of  houses  and  lots .  22  23 

Name  and  change  the  name  of  streets .  23  23 


268 


GENERAL  INDEX. 


Section  Page 

Permit  and  regulate  the  buying  of  horse  railroad 

tracks .  24  2  t 

Change  location  and  grade  of  railroad  crossing ...  25  24 

Powers  of  council  over  railroad  companies . 26,  27  24 

Construct  bridges,  viaducts,  tunnels,  etc. .  28  25 

Construct  and  repair  culverts,  drains,  sewers,  etc .  29  25 

Deepen,  widen,  dock,  etc.,  channels  of  water¬ 
courses  .  80  25 

Construct  and  keep  in  repair  canals  and  slips.  .'.  .  .  8L  25 

Erect  and  keep  in  repair  public  landing  places,  etc.  52  25 

Regulate  and  control  use  of  landing  places,  etc.  ...  33  25 

Control  and  regulate  anchorage  and  moorage .  34  25 

License  and  regulate  wharf  and  other  boats .  35  25 

Fix  rates  of  wharfage  and  dockage .  36  25 

Collect  wharfage  and  dockage .  37  25 

Regulate  use  of  harbors  and  bridges .  38  25 

Appoint  harbor-masters .  39  25 

Provide  for  cleansing  water-courses  and  ponds  ....  40  25 

License,  tax,  and  regulate  certain  occupations. .  .  .41-44  26 

To  suppress  bawdy  and  gambling  houses  ........  45  26 

Prohibit  sale  of  obscene  books,  prints,  etc .  45  26 

License  and  regulate  sale  of  liquor .  46  26 

Punish  selling  or  giving  liquor  to  minors .  48  27 

To  establish  markets  and  market-houses .  49  27 

Power  to  regulate  sale  of  provisions .  50  27 

Punish  forestalling ,and  regrating .  51  27 

Regulate  the  sale  of  bread .  52  27 

Provide  for  inspection  of  provisions .  53  27 

Inspection  of  articles  of  merchandise .  54  27 

Inspection  and  sealing  of  weights  and  measures  .  .  55-  28 

Enforce  keeping  proper  weights  and  measures ....  56  28 

Regulate  construction  and  use  of  vaults  and  cisterns  57  28 

Regulate  places  of  amusement .  58  28 

Prevent  intoxication,  fighting,  etc .  59  28 

Regulate  partition  fences  and  party  walls .  60  28 

Regulate  construction  of  buildings,  tire  escapes.  .  .  61  28 

Power  to  prescribe  fire  limits . 62  28 

Prevent  dangerous  construction  of  chimneys,  etc: .  63  28 

Provide  engine  houses  and  fire  engines . .  64  29 


GENERAL,  INDEX. 


269 


- - — - - - - * - 

Section  Page 

Regulate  storage  of  combustables  and  fireworks  .  .  65  29 

o  o 

Regulate  the  police  of  the  city .  66,  68  29 

Provide  for  inspection  of  steam  boilers .  67  29 

Establish  calabooses  and  work-houses .  69  29 

Use  county  jail  for  confinement  of  offenders .  70  29 

To  regulate  the  relation  between  officers,  etc .  71  29 

Prevent  and  suppress  riots,  routs,  affrays .  72  30 

Punish  cruelty  to  animals.. .  73  30 

Punish  vagrants,  mendicants,  and  prostitutes .  74  30 

To  define  and  abate  nuisances .  75  30 

Appoint  board  of  health .  76  30 

Establish  hospitals  and  medical  dispensaries .  77  30 

Make  health  regulations .  78  30 

Establish,  regulate,  and  remove  cemeteries .  79  30 

Prohibit  stock  running  at  large .  80  30 

Impose  tax  on  dogs . 80  30 

Regulate  packing-houses,  renderies,  etc.  ...  .  81  30 

Regulate  breweries,  licenses,  etc .  82  30 

Prohibit  offensive  or  unwholesome  business .  83  31 

Compel  removal  of  unwholesome  business .  81  31 

Power  to  take  census .  85  31 

Provide  for  erection  of  public  buildings .  86  31 

Establish  ferries  and  toll  bridges .  87  31 

Authorize  construction  of  mills  and  mill  races .  .  .  88  31 

Extend  street  or  construct  sewer  through  railroad 

land .  89  31 

Grant  privilege  to  lay  railroad  track  on  petition  .  .  90  32 

License  and  regulate  auctioneers,  etc .  91  32 

Regulate  the  rolling  of  hoops,  playing  of  ball,  etc.  92  32 

Regulate  lumber  yards . 93  32 

Provide  for  furnishing  supplies  by  contract .  94  32 

License  and  regulate  second-hand  and  junk  stores  95  33 

Pass  all  necessary  ordinances,  etc .  96  33 

Power  to  regulate  and  tax  itinerent  merchants.  .  .  97  33 

City  Council 

The  council — how  composed --filling  vacancy .  1  41 

Qualification  of  aldermen .  2  41 

Term  of  office . 3  42 


270 


GENERAL,  INDEX. 


Section  Page 

Regular  meetings .  4  42 

Special  meetings .  5  42 

Appointment  of  committees .  6  42 

Duties  of  standing  committees .  7  43 

Quorum . i. .  8  43 

Compelling  attendance .  9  43 

Members  required  to  vote — when .  10  44 

When  yeas  and  nays  required .  11  44 

No  vote  reconsidered  at  special  meeting .  12  44 

Passing  of  measure  over  veto .  13  45 

Attaching  documents  to  reports .  14  *  45 

Reports  of  committees  deferred .  15  45 

The  municipal  year .  16  45 

The  fiscal  year .  17  45 

Borrow  money — limitation .  18  45 

Annual  appropriation  ordinance .  19  46 

Limitation — emergency .  20  46 

Contracting  liabilities  limited .  21  47 

Annual  tax  levy .  22  48 

Manner  of  collecting  .  23  48 

Time  of  paying  over .  24  49 

When  levied  for  particular  purpose .  25  49 

Uniformity  of  taxation . ' .  26  49 

Salary  of  aldermen . 27  49 

City  Clerk 

Term  of  office,  oath  and  bond .  1  50 

Keeping  minutes,  serving  notice,  etc .  2  51 

Corporate  seal  and  certified  copies .  3  5l 

Record  ordinances .  4  5l 

Publish  ordinances .  5  5 1 

Deliver  papers  to  committees  and  officers .  6  52 

Prepare  official  papers .  7  52 

Appoint  deputy .  8  52 

Notice  of  election  or  appointment  of  officers .  9  52 

General  supervision,  charge  of  papers.., .  10  53 

Keep  record  of  bonds . .  .  ll  53 

Keep  list  of  warrants . .  12  53 

Record  of  election  and  appointments .  13  53 


GENERAL  INDEX. 


271 


Section  Page 


Keep  records — turn  same  over  to  successor .  14  54 

Salary .  15  54 

To  issue  licenses .  1  124 

To  keep  record  of  licenses .  3  125 

Taking  and  approving  bonds .  4  1 25 

To  issue  sidewalk  warrants  .  8  203 

Report  delinquent  taxes  to  county  treasurer .  (J  204 

To  advertise  for  bids . ; . .  4  86 

To  open  and  read  bids .  6  87 

To  keep  seal . 2  9l 

City  Treasurer 

Taxes  to  be  paid  over  to .  23  48 

Term  of  office,  oath  and  bond .  .  1  58 

Keep  special  taxes  separate .  4  59 

Receive  money — keep  accounts — give  receipts.  ...  2  59 

Keep  register .  3  -  59 

Keep  special  assessment  funds  separate .  4  59 

Not  to  use  city  funds .  .  5  59 

Report  delinquent  officers .  6  59 

Methods  of  keeping  books .  7  60 

Monthly  statements .  .  8  60 

Annual  statement . ,  .  .  9  60 

Salary .  10  61 


City  Superintendent  of  Streets  (See  Superintendent  of 


Streets ) 

City  Prison 

Commitment  of  offenders  to .  8  105 

City  Printer 

Office  created .  1  70 

Appointment . 2  70 

Oath  —  bond .  3  70 

Duties .  4  70 

Salary . .' . .  5  70 

Committees 

Mayor  to  appoint .  6  42 

Powers  and  duties  of . . .  7  43 


t. 


272 


GENERAL  INDEX. 


Section  Page 


Attach  documents  to  reports . .  14  44 

Reports  deferred,  when .  15  45 

Clerk  to  deliver  papers  to .  6  52 

Concealed  Weapons 

Carrying  of  prohibited — penalty .  10  139 

Contagious  Diseases 

Health  committee  to  investigate .  3  175 

Removal  and  care  of  person  with .  6  176 

Notices  of . ; .  7  177 

Vaccination .  8  177 

Spreading  of .  9  178 

Report  of  physicians . : .  10  178 

Penalty  for  spreading .  .  1  179 

Changing  of  wearing  apparel .  2  179 

Bringing  person  or  clothing  infected  into  city ....  3  180 

Persons  suffering  from  not  to  be  brought  in  city.  .  7  181 

Diseased  animals  not  to  be  brought  within  city.  .  .  9  181 

Continuances 

How  granted .  4  103 

Contracts 

To  be  signed  by  mayor .  10  39 

Aldermen  not  to  be  interested  in .  2  41 

Not  to  be  made  without  appropriation  .  .  21  47 

Clerk  to  have  care  of . 10  53 

To  be  drawn  by  city  attorney .  3  55 

Estimates .  1  85 

Contracts  over  $200 — advertise  for  bids,  etc .  2  86 

Profile — specifications .  3  86 

Advertisement— bids . 4  86 

Proposals — bond .  5  87 

Bids  opened  .  6  87 

Bond — failure — reject  bids .  7  87 

Disability  of  bidder .  8  88 

Contracts  and  bonds  in  name  of  city . 9  88 

Subject  to  ordinances .  10  88 

No  lien  on  city . .  . ,  . . .  11  89 


GENERAL  INDEX. 


273 


Section  Page 


Surplus  of  earth .  12  89 

Acceptance  of  work .  13  89 

Extra  work .  14  90 

Corporate  Seal 

Form  and  device  of  seal .  1  91 

Clerk  to  have  custody . . 2  91 

Costs 

Not  to  be  taxed  against  city  ....  .  9  105 

Working  out  by  offenders .  12  106 

County  Treasurer 

Report  of  sidewalk  tax  to . ! .  9  204 

Duties  of  in  tax  cases .  10  204 

0 

Crossings 

Superintendent  to  have  care  of .  2  62 

Obstruction  of-  -penalty.  . .  6  142 

Railroads  to  construct .  5  189 


D. 

Dead  Animals 


Deposit  of  in  city — penalty .  10  158 

Removal  out  of  city .  11  158 

Debt 

Special  tax  for .  25  49 

Clerk  to  keep  record  of .  11  53 

Deeds 

Clerk  to  attest .  7  52 

Clerk  to  have  charge  of .  10  52 

Deputy 

Clerk  may  appoint .  8  52 

City  attorney  may  appoint .  12  57 

Disorderly  Conduct 

Defined — penalty  for .  2  1 37 

Permitted  on  private  premises — penalty .  4  l^g 


274 


GENERAL  INDEX. 


Section  Page 

Disturbing  lawful  assemblages — penalty.  .  .  . .  5  138 

Disturbing  places  of  amusement  .  6  138 

Disorderly  Houses 

Keeping  bawdy  house — penalty. .  10  148 

Allowing  premises  to  be  used  for — penalty .  11  148 

Inmates  and  frequenters  of  liable .  12  149 

Enticing  females  and  minors  to  enter — penalty.  .  .  13  1 49 

Disturbance 

Conduct  calculated  to  provoke .  1  137 

Of  the  peace — penalty .  2  137 

On  private  premises  - -penalty .  4  138 

At  lawful  assemblages .  5  138 

At*,  places  of  amusement .  6  138 

Dogs 

Tax  imposed — register  kept .  1  77 

Metallic  badges  provided  for .  2  78 

Owner  of  unlicensed  to  be  fined  .  .  . .  3  78 

Dogs  without  badges  to  be  killed .  4  78 

Marshal  to  procure  list  of  owners .  5  78 

Penalty  for  interfering  with  officer .  .  6  79 

Vicious  dog  not  to  run  at  large . .' .  7  79 

Dog  known  to  be  vicious — penalty . 8  79 

Term  ‘'dog”  defined .  9  79 

Female  dog  not  to  run  at  large,  when .  10  80 

Dog  howling  at  night .  11  80 

Mayor  may  order  dogs  muzzled — when .  12  80 

Dram  Shops 

Dram  shop  defined . 7 .  1  93 

Sale  without  license — penalty .  2  93 

License — fee — bond . 3  93 

Application  for  license .  4  93 

Bond .  5  93 

Issuance  of  license . 6  95 

Character  of  licensee . .  .  7  95 

License  not  transferable — register .  8  95 

Revocation  of  license .  9  95 


GENERAL  INDEX. 


275 


Section  Page 

License  to  be  posted . .  .  10  96 

Penalty  for  failure  to  post .  11  96 

Certain  places  declared  nuisance .  12  96 

To  be  closed  on  Sunday .  16  96 

Persons  drinking- to  excess —gambling- — penalty...  14  97 

Employment  of  minor — sales  to,  etc. — drunkards..  15  97 

Notice  to  saloon  keepers .  16  98 

Loud  noises — quarrelling-,  lighting,  etc — prohibited  17  98 

To  be  closed  during  certain  hours .  18  98 

To  be  closed  on  election  day .  19  99 

Evasions  not  permitted .  20  99 

Police  to  enforce  ordinance .  21  99 

Druggists 

City  council  may  grant  permits  to .  .  • .  1  100 

Permits — application  for .  2  100 

Permits — how  issued .  3  l00 

When  permits  expire .  4  101 

Sales  to  be  in  good  faith .  5  101 

Certain  sales  prohibited .  6  1 0  L 

Permits  may  be  revoked .  7  101 

Permits  to  be  registered .  8  102 

Penalty  for  failure  to  comply  .  9  102 

Drunkenness 

Persons  drinking  to  excess .  14  97 

Sale  of  liquor  to  person  intoxicated .  15  97 

Notice  to  saloon  keeper . # .  16  98 

Intoxication — penalty.  ...  .  11  139 

E. 

Elections 

Disturbance  of  peace  at . 6  i38 

Saloons  to  be  closed  on  election .  19  99 

Excavations 

In  streets — penalty .  1  218 

Filling  up  in  streets .  2  219 

Leaving  unprotected .  3  2l9 

Dangerous  places  guarded . ll  144 


276 


GENERAL  INDEX. 


Exhibitions  Section  Page 

Licenses  required  for .  12  128 

License  fees .  18  1 28 

Additional  provision  for  fees . .  14  128 

Expenditure s 

Yea  and  nay  vote  required  for .  11  44 

Limitations  of .  20  46 

Estimates  of . 21  47 

Explosive  Materials 

Manufacture  of  prohibited .  4  18  > 

Keeping-  of  prohibited . 5  185 

Blasting-  prohibited  .  6  185 

Permits  for  blasting .  7  185 

When  permits  granted .  8  186 

Blast  to  be  covered . 9  186 

Penalty  for  blasting .  10  186 

Storage  of  kerosene  regulated .  11  1 8 6 

Tanks  for — how  erected . ■ .  12  1 86 

Fire  marshal  to  approve  tanks .  13  l86 

(See  also  Gunpowder) . 

Expenditures —  Classificatian  of 

Fee  and  salary  fund .  1  81 

Street  and  alley  fund . 2  82 

Repairing  city  buildings  fund . •. .  3  82 

Health  fund . 4  82 

Fire  department  fund .  5  83 

Gas  and  light  fund .  6  83 

Sewer  pipe  and  tile  fund . 7  83 

Water  works  fund .  8  84 

Macadamizing  streets  fund . 9  84 

Bonded  indebtedness  fund .  10  84 

Library  fund .  11  84 

Contingent  fund .  12  84 

• 

F. 

Fast  Driving 

Regulations  of . . . 1  140 


GENERAL  INDEX.  277 


Fees  and  Salaries  Section  Page 

Of  mayor .  12  40 

Of  city  clerk .  15  54 

Of  city  attorney . .  13  58 

Of  city  treasurer .  10  (31 

Of  ci4y  surveyor .  8  (39 

Of  superintendent  of  streets .  12  (35 

Of  pound  master . 5  (37 

Of  tire  marshal .  12  111 

Of  health  inspector .  11  178 

Of  city  marshal . . 12.  13  171 

Of  night  policemen .  7  173 

Of  policemen .  1,  2  173 

Of  city  printer . 4  70 

Of  scavenger .  9  195 

Fences 

Enclosing-  streets  with .  5  220 

Injuring  or  defacing — penalty .  2  149 

Hitching  to  without  consent .  8  151 

Fines  and  Penalties 

Suits,  where  brought . *. .  1  102 

Process .  2  103 

Suits  against  corporation — service .  3  103 

Continuances  .  4  103 

No  dismissal  for  formal  defects .  5  104 

Proceedings  against  unknown  party .  6  104 

Find  by  jury — waiver .  7  104 

Committment  of  offenders .  8  105 

Officers  to  attend  as  witnesses — costs .  9  105 

Payment  of  tine .  10  105 

Committment  when  not  laboring,  etc .  ll  105 

Working  out  fine  and  costs  .  12  i0(> 

Refusal  to  work — penalty . 13  10(5 

Prosecution  no  bar,  etc .  14  107 

Fire  Arms 

Discharging  of — penalty.  .  . .  7  142 


278 


GENERAL,  INDEX. 


Fire  Department  Section  Page 

Department  created . ]  108 

Office  of  fire  marshal  created — appointment .  2  109 

Oath — bond .  3  109 

Powers  and  duties  .  4  109 

Command  organization — tear  down  buildings .  5  109 

Enforce  ordinances .  6  110 

Inspect  places  dangerous .  7  110 

Prescribe  rules .  8  1 1 0 

Prefer  charges — suspension .  9  111 

Keep  record — annual  reports .  10  111 

Successor .  11  ill 

Salary .  12  1 1 2 

Officers  of  company .  13  112 

Dividing  company .  14  112 

Constitution,  etc .  15  112 

Alarms .  16  1 1 2 

Meetings — reviews .  l7  1 1 2 

Arrests  at  fire . .  l8  1 1 3 

Refusing  to  obey  orders  .  19  1 1 3 

Elegibility — exemption .  20  113 

Failure  to  attend  meeting  .  21  113 

Compensation  of  each  company . • .  22  114 

Fire  Districts 

Fire  districts  prescribed .  1  114 

Alarm — districts  how  designated .  2  115 

Fire  Limits 

Limits  prescribed .  1  115 

Character  of  buildings  in  limits  .  2  115 

Wooden  buildings  prohibited  . 3  116 

Manner  of  ascertaining  damages .  4  ll6 

Penalty  for  violating  ordinances .  5  ll7 

Wooden  building  nuisance — abatement .  6  ll7 

Wooden  building  defined .  7  117 

Fire  Regulations 

False  alarm — Penalty . . . ;  .  .  .  1  H8 

Bonfires — shooting  rockets  prohibited .  2  li8 

Use  of  lamps  regulated .  3  119 


GENERAL  INDEX. 


279 


Section  Page 

Shavings  to  be  removed .  4  119 

Carrying  lire  prevented .  5  119 

Shavings  not  to  be  thrown  in  street .  6  119 

Regulation  of  stoves  and  pipes .  7  120 

Manner  of  putting  up  stove  pipes .  8  120 

Stove  pipe  regulation  . 9  120 

Stove  pipes  to  be  conducted  into  chimneys .  10  120 

Additional  precaution .  11  121 

Erection  of  chimneys .  12  1 2 1 

Regulation  of  lofts  .  13  121 

Stacking  of  hay  regulated .  ....  14  122 

Hay,  how  to  be  stacked .  15  122 

Depositing  burning  coals  prohibited .  16  1 22 

Fiscal  Year 

Fixed . .  1 7  45 

Food 

Selling  diseased  food  —penalty .  4  180 

Selling  unwholesome  food .  *0  130 

G. 

Gaming  and  Gaming  House 

Keeping  Gambling  house — penalty .  5  146 

Gambling  devices  prohibited .  0  147 

Frequenting  prohibited .  7  147 

Gaming  defined..., .  9  148 

Grades 

City  surveyor  to  establish — when .  5  09 

City  surveyor  to  furnish . • .  6  69 

Plats  of  to  be  kept  by  surveyor .  7  69 

Removing  or  destroying .  9  152 

Sidewalks  to  conform  to .  4  201 

Gunpowder 

Storage  of  regulated . .• . .  1  184 

Not  to  be  sold  after  dark. .  2  184 

Manner  of  keeping .  3  184 

(See  also  Explosives.) 


280 


GENERAL  INDEX. 


H. 

Hackmen  (See  Licenses.) 

Hand,  Bills 

Posting- without  permission .  21  161 

Hawkers  and  Peddlers 

License  required .  19  130 

*  Requisites  of  application . 20  131 

License  fees . 21  131 

Hot  scs 

Running  at  large  prohibited .  1  71 

Leaving  team  so  as  to  obstruct  sidewalk .  16  224 

Running  on  sidewalk.... .  17  224 

Fast  driving .  1  140 

Leaving  unfastened .  2  141 

Teams  passing  on  street .  3  141 

Riding  or  driving  on  walk . 4  141 

Obstructing  crossings .  6  142 

Frightening — penalty .  10  143 

Hitching  to  fences  and  trees .  10  143 

i. 

Improvements 

Superintendent  of  streets  to  have  charge  of .  2  62 

Estimates  for . 1  85 

Contracts  over  $200 — advertise  for  bids .  2  86 

Profiles — specifications .  3  86 

Advertisement— bids . 4  86 

Proposals — bond .  5  87 

Bids  opened .  6  87 

Bond — failure — reject  bids .  7  -87 

Disability  of  bidder,  etc.  . . 8  88 

Contracts  and  bonds  in  name  of  city — duplicate  .  .  9  88 

Subject  to  ordinances . . .  .  K)  88 

No  lien  on  city . * .  11  89 

Surplus  of  earth . 12  89 

Acceptance  of  work .  13  89 

Extra  work .  14  90 


GENERAL  INDEX. 


281 


Section  Page 

Intoxication  (See  Drunkenness) 


Itinerant  Merchants 

License  required .  2  131 

License  fees .  .  8  131 


J. 

Judgments 


Power  of  city  to  borrow  money  to  pay .  20  46 

City  attorney  cause  execution  to  issue  on .  6  55 

Appeals  from .  8  56 

Jury 

Trial  by  in  city  cases .  7  104 

Justice  of  the  Peace 

Appeals  from .  8  56 

Duties  of  in  estray  cases .  5  12  72 

Suits  brought  before .  1  l(l2 

Filing  complaints — issuing  warrants. .  . .  2  102 

Police  to  serve  warrants .  5  169 


L. 

Libraries  (See  Public  Libraries) 


Licenses 

Manner  of  applying  for .  1  124 

What  to  contain . 2  125 

Record  of . * .  3  125 

For  one  year — not  assignable — bond .  4  125 

Subject  to  ordinances — revocation .  5  l26 

Auctions  and  auctioneers .  6-11  126 

Billposters . 31-34  13S 

Billiards  and  bowling  alleys . 15-18  129 

Hacks  and  omnibuses  .  ‘27-30  •  132 

Hawkers  and  peddlers . 19-21  130 

Itinerant  and  transient  merchants . 22-23  131 


282 


GENERAL  INDEX. 


Section  Page 

Shooting  galleries . 24-26  i32 

Shows  and  exhibitions . 12-14  128 

Theatres,  opera  houses,  halls . 12-14  128 

Dram  shop  (See  dram  shop) . . 

Scavengers  (See  scavengers . . 

Liquor  and  Liquor  Dealers  (See  Dram  Shops) 

Lotteries 

Running  or  maintaining — penalty .  8  147 

Defined . 9  148 

M. 

Maps  -  nd  Plats 

Of  grades  and  boundaries .  7  69 

Of  sewers .  7  69 

To  be  preserved . 7  69 

Marshal,  City.  (See  Police  Department) 

Materials 

Street  superintendent  to  purchase,  when .  7  64 

Street  superintendent  to  keep  list  of .  8  64 

Contractors  not  to  obstruct  streets  with .  6  220 

Mayor 

His  qualifications .  1  36 

Duties . 2  37 

Vacancy .  3  37 

Mayor  pro  tem .  4  37 

Giving  bond .  5  37 

Appointment  of  officers — fill  vacancies .  6  38 

Supervise  conduct  officers .  7  38 

Removals — report  reasons — disapproval .  8  38 

Ordinances  — approval — veto .  9  39 

Sign  commissions,  contracts,  etc . 10  39 

Additional  duties .  11  40 

Salary . 12  40 

To  appoint  standing  committees .  6  42 

Power  to  veto  ordinances . •  13  -15 


GENERAL  INDEX. 


283 


Meetings  Section  Page 

Time  of  regular  council*. .  4  42 

Special .  5  42 

Minors 

Not  to  visit  billiard  rooms .  18  130 

Employment  of  in  saloons  prohibited .  15  97 

Enticing  to  bawdy  houses  prohibited .  13  149 

Misdemeanors 

Assault — challenge — affray .  1  137 

Disturbing  peace — disorderly  conduct  .  2  137 

Uulawful  assemblages .  3  137 

Unlawful  assemblages  on  private  premises  .  4  138 

Disturbing  lawful  assemblages  .  5  138 

Disturbing  places  of  amusement .  G  158 

Disturbing  funeral  processions .  7  138 

Resisting  officer — assisting  to  escape .  8  138 

Boys  loitering  about  streets,  hotels,  etc .  9  139 

Carrying  concealed  weapons .  10  139 

Intoxication . ll  139 

Congregating  on  streets .  12  140 

Refusal  to  disperse . v .  13  140 

Fast  driving .  1  140 

Leaving  animals  unfastened .  2  141 

Teams  passing  on  street .  3  141 

Riding  or  driving  on  sidewalk .  4  141 

Hanging  signs .  5  142 

Obstructing  crossings .  G  142 

Discharging  fire-arms .  7  142 

Selling  poisons  .  8  143 

Playing  ball — flying  kites .  9  143 

Frightening  teams — obstructing  sidewalks .  10  143 

Dangerous  places .  11  144 

Jumping  on  trains  .  l2  144 

Throwing  water .  13  144 

Throwing  stones  . 14  144 

Driving  unruly  animals .  15  145 

Indecent  exposure .  1  145 

Indecent  exhibit  stallion,  etc .  2  146 

Obscene  publications .  3  146 


284 


GENERAL  INDEX. 


Section 


Indecent  play .  4 

Keeping  gambling  house .  5 

Gambling  devices .  6 

Frequenting  gambling  houses .  7 

Lotteries .  8 

\ 

Gaming  defined .  9 

Keeping  bawdy  house . 10 

Premises  used  for  bawdy  house — penalty .  11 

Inmates  and  frequenters  of  bawdy  house  .  12 

Enticing  females  and  minors  to  visit .  18 

Destroying  property . , .  1 

Injuring  trees .  2 

Trespassing  on  school  property .  8 

Trespassing  on  public  parks .  4 

Defacing  property . .  5 

Defacing  poster .  6 

Climbing  telegraph  poles,  etc .  7 

Hitching  to  fences  and  trees .  8 

Removing  corner  stones .  9 

Not  to  deface  city  property .  10 

Not  to  use  city  property  for  advertising .  ll 

Disturbances  oii  Sunday .  1 

Engaging  in  sports  on  Sunday .  2 

Places  of  amusement  to  be  closed  on  Sunday . .  8 

Vagrants  and  paupers  not  allowed  on  streets .  1 


N. 


Nuisances 

Stables,  pens,  etc .  1 

4 

Manure .  2 

Cellars,  vaults,  privies,  etc .  3 

Privies,  manner  of  construction .  4 

When  privies  become  nuisances .  5 

Cleaning  privy  vault .  fi 

Obstructions  in  water  courses . ' .  7 

Depositing  offensive  matter  on  adjoining  premises.  8 

Depositing  slops;  etc .  9 

Depositing  dead  animals  in  city .  10 


Page 

146 

146 

147 
147 

147 

148 
148 

148 

149 
149 
149 

149 

150 
loO 

151 
151 
15l 

151 

152 
152 
152 

152 

153 
153 
153 


155 

155 

155 

156 

156 

157 
157 
157 

157 

158 


GENERAL  INDEX.  285 


Section  Page 

Removal  of  dead  animals .  1L  158 

Casting  filth  in  well  or  cistern . v .  12  159 

Slaughter  houses .  13  159 

Obstruction  of  streets .  14  159 

Excavation  in  streets .  15  160 

Unsafe  scaffolds , . .  16  160 

Signs  and  awnings .  17  160 

r  Unsafe  coal  vaults . 18  161 

Unsafe  buildings .  19  161 

Open  cellar  doors,  vaults,  etc .  20  1 6 1 

Advertisements  without  permission .  21  161 

Bill  boards .  22  162 

Smoke  a  nuisance — when .  23  1 62 

o.  . 

Official  paper  (See  city  printer) 

Ordinances 

Duty  of  mayor  to  enforce .  2  37 

Yeas  and  nays  required  on  passage  of — when.  ....  ll  44 

Passing  over  veto . 13  45 

Annual  appropriation  ordinances . !  .  19  46 

Annual  tax  levy  ordinance .  22  48 

To  be  recorded  by  clerk . .  4  51 

Publication  of — when . 5  51 

City  attorney  to  prepare .  3  55 

City  marshal  to  enforce .  3  169 

p. 

Plumbers 

The  licensing  of  plumbers .  1  163 

Qualifications  of  plumbers .  2  163 

Bond .  3  164 

Liability  of  plumbers .  4  1 64 

Permits — contents — notice  to  clerk .  5  164 

License  fee . 6  165 

Manner  in  which  plumbing  to  be  done .  7  165 

Material  used — how  laid .  8  165 


286 


GENERAL  INDEX. 


Section  Page 

Size  of  pipes  . .  9  3  66 

Penalties.. .  10  166 

Police  Department 

Department  Created .  1  168 

The  City  Marshal 

Term .  1  :68 

Election — oath — bond  .  2  i6« 

Devote  entire  time  to  office.  .  . .  3  169 

Control  police  force — absence .  4  1 69 

Serving  papers  within  city .  5  169 

Serving  papers  without  city.  .  . .  6  169 

Calling  on  bystanders .  7  ]70 

Attend  meetings  of  council .  8  170 

Keep  record . *. .  9  170 

Monthly  reports . 10  170 

Care  of  property .  11  i7 1 

Salary . . .  12  I7l 

Fees  . . .  13  171 

Night  Police 

Term .  i  171 

Appointment — oath — bond .  2  172 

Duties  . 3  i72 

Serving  process .  4-5  172 

Calling  for  assistance  .  6  173 

Salary . 7  173 

Special  Policemen 

Appointment  of . Qi-2  173 

Police  Magistrate  ( See  justice  of  peace) 

Pounds  (See  animals) 

Pound  Master 

Office  created .  1  66 

Appointment — oat— bond .  2  66 

Duties . 3  66 

Control  of  city  pound .  4  66 

Fees . 5  67 


GENERAL  INDEX. 


287 


Public  Health  Section  Page 

Department  created .  1  174 

Keep  books .  2  175 

Advise  authorities — investigate  diseases .  3  175 

Enforce  laws . ,  . : .  4  175 

Abate  nuisances — notices .  5  175 

Remove  persons  with  contagious  diseases .  6  176 

Small  pox  and  other  notices .  7  177 

Order  vaccination .  8  177 

Remove  filth — prevent  spread  diseases .  9  178 

Report  of  physicians .  1')  178 

Health  inspector — appointment .  11  178 

Public  health  Regulations 

Spreading  of  small  pox . .  ..  1  179 

Changing  wearing  apparel . .  .  .  2  179 

Bringing  infected  person,  etc.,  in  city .  3  180 

Selling  diseased  meat  or  food .  4  180 

Selling  adulterated  milk,  food,  etc .  5  180 

Inmates  exposed  to  disease  not  to  be  on  street.  ...  6  180 

Persons  with  contagious  diseases  not  to  go  on  street  7  181 

Filthy  matter,  etc.,  not  to  be  thrown  on  streets.  .  8  181 

Diseased  animals  not  to  be  brought  in  city .  9  1 81 

Privies  (See  Nuisances) 

Public  Libraries 

Public  Library — name .  1  182 

How  maintained .  2  182 

Defacing  books .  3  182 

Injury  to  buildings .  4  183 

Failure  to  return  books .  5  183 

Public  Safety 

Storage  of  gunpowder . 1 .  1  l84 

Not  to  be  sold  after  dark .  2  184 

Manner  of  keeping .  3  184 

Manufacture  of  explosives  prohibited .  4  185 

Keeping  explosives  -prohibited  . .  5  185 

Blasting  prohibited  .  6  185 

Permits  for  b  asting .  7  186 

When  permits  granted . •_  8  186 


288 


GENERAL  INDEX. 


Section  Page 

Blast  to  be  covered . 9  186 

Penalty . 10  186 

Storage  kerosene  regulated .  11  187 

'Fanks  for,  bow  erected . .  12  187 

Fire  marshal  to  approve  tanks .  13  187 

R. 

Railroads 

Rate  of  speed  .  1  188 

Blockading  streets .  2  188 

Headlight .  3  1 89 

Penalty . 4  189 

To  construct  crossing —notice — penalty .  5  189 

Gates .  6  190 

Cost  of,  how  paid .  7  1 90 

Blowing- off  steam .  8  190 

Blowing  of  whistles . 9  1 9 L 

Records 

Record  of  ordinances . 4  51 

Records  of  proceedings  of  city  council .  2  51 

City  attorney  to  keep .  10  57 

City  marshal  to  keep . .  .  . .  9  170 

Fire  marshal  to  keep .  10  111 

s. 

Salaries  ( See  Fees  and  Salaries) 

Saloons  ( See  Dram  Shops) 

Scavengers 

To  be  licensed .  1  192 

Permits .  2  192 

License— bond .  3  1 93 

Manner  of  cleaning  vaults .  4  193 

Contents  to  be  removed  beyond  city .  5  193 

To  be  cleaned  in  night  time .  6  1 93 

Health  committee  may  order  cleaning .  7  194 


GENERAL  INDEX. 


289 


Section  Page 

Penalty .  8  i94 

Compensation .  9  195 

Seal  (See  Corporate  Seal.) 

Sewers 

Construction  by  special  assessment  and  taxes .  1  195 

Manner  of  levying  special  assessment .  2  196 

Manner  of  construction .  3  196 

Extensions  and  laterals  provided  for .  4  196 

Surface  water  provided  for .  5  197 

To  be  laid  in  center  of  street .  6  197 

Private  drains — manner  of  construction .  7  197 

Maps  to  be  kept  by  surveyor .  8  198 

Private  drain — permit .  .  9  198 

Connections  made  by  licensed  plumber .  10  198 

No  steam  from  boiler  to  enter  into  sewer .  ll  198 

Deposits  in  sewer — penalty .  12  199 

Injuring  sewers  and  fixtures .  13  199 

Obstructing  natural  water-ways — penalty .  14  199 

Permits  to  tap  sewer . 15  199 

Overflows — provision  for . .  16  200 

Shows  (See  Licenses.) 

Sidewalks 

To  be  built  by  special  tax .  1  200 

Description  of  sidewalks .  2  201 

Special  ordinances .  3  201 

Surveying  and  grades  for .  4  201 

Manner  of  constructing . 5  201 

Notice  to  lot  owners .  6  202 

Default— construction  by  city . .  .  . ,  7  202 

Issue  and  collection  of  warrants .  8  203 

Report  to  county  treasurer .  9  204 

Duties  of  treasurer .  10  204 

Signs 

Obstructions  of  streets  with .  5  142 

Slaughter  Houses 

When  nuisance .  13  I59 


290 


GENERAL  INDEX. 


Streets,  Alleys,  Sidewalks  and  Public  Grounds  Section  Page 

Excavation  of  streets . 1  2 1 8 

Filling  up  excavation .  2  2l9 

Leaving  unprotected .  3  219 

Removing  earth  from .  4  219 

Fencing  street .  5  220 

Obstructing  streets . 6  220 

Removal  of  encroachments .  7  221 

Moving  building  through — permit .  8  221 

Obstructing . 9  221 

Blockade  by  teams .  10  222 

Casting  rubbish  in .  11  222 

Casting  burning  coals  in .  12  222 

Guards  for  steps,  cellar  ways,  etc . 13  223 

Encumbering  sidewalks .  14  223 

Encumbering  outside  of  walk .  15  224 

Obstructing  sidewalk  with  teams . ■  •  16  224 

Animals  on  sidewalks .  17  224 

Barbed  wire  fences  prohibited . 18  225 

Cellar  doors  to  be  closed .  19  225 

Awnings,  how  constructed .  20  225 

Advertising  by  out-cry  on  prohibited .  21  226 

Sales  on  prohibited . ;  .  .  22  226 

Construction  of  foregoing .  23  226 

Telegraph  poles.  . 24  227 

Coal  holes .  25  227 

Keep  wall  under  sidewalk  in  repair .  26  227 

Streets — Special  Assessment 

How  made .  1  206 

Special  ordinance .  2  206 

Commissioner’s  estimate  cost . 3  206 

Report — approval — petition .  4  206 

Petition . *.  .  5  206 

Appointment  commissioners — oath . .  6  207 

Duty  of  commissioners .  7  207 

Assessment  roll- -return .  8  207 

Notice  of  assessment — publication .  9  208 

Proof  of  notice . .  .  .  10  209 

Continuance .  11  209 


GENERAL  INDEX, 


291 


Section  Page 

Objections .  12  209 

Hearing- . 13  210 

Assessment  modified,  etc .  14  210 

Judgment— appeal,  etc .  15  211 

Collection .  16  211 

Form  of  warrant . 17  211 

Collector’s  notice . T .  18  2l  1 

Collector’s  demand . .  19  212 

Report  of  delinquent  list .  20  213 

Report  to  be  evidence — defense .  2l  213 

Application  for  judgment .  22  213 

Return  of  sales .  23  214 

Paying  over — compensation .  24  214 

General  laws  apply .  25  214 

City  may  buy  in .  26  215 

New  assessment .  27  215 

Supplemental  assessment .  28  215 

New  assessment,  delinquent,  etc .  29  215 

Contract  payable  from  assessment  only .  30  2l6 

Letting  contracts .  3l  2 1 7 

Lien  of  assessment.  .  32  2l7 

Sunday 

Billiard  and  pool  rooms  closed  on .  17  130 

Dram  shops  to  be  closed  on .  13  96 

Disturbances  on . . •  1  152 

Engaging  in  sports  on .  2  1 53 

Places  of  amusement  to  be  closed  on .  3  153 

Superintendent  of  Streets 

Election — term — bond  . .  . , .  1  62 

Charge  of  street  improvement .  2  62 

Enforce  ordinances . 3  63 

Clean  streets — examine  sewers .  4  63 

Employ  laborers — Veep  time .  5  63 

Supervise  tapping  of  sewers .  ‘  6  64 

Purchase  implements,  etc .  7  64 

Keep  list  of  property .  8  64 

Account  of  expenditures .  9  65 

Monthly  report . . .  10  65 


292 


GENERAL  INDEX. 


Section  Page 

Orders  for  work .  11  65 

Salary .  12  65 

Surveyor 

Office  created — term .  1  68 

Appointment .  2  68 

Oath — bond . 3  68 

Submit  estimates  and  specifications .  4  68 

To  establish  grades  and  boundaries .  5  69 

Furnish  grades— make  surveys .  6  69 

Plats — surveys  of  sewers  and  water  mains .  7  69 

Salary .  . ! .  8  69 

T. 

Theatres  (See  Licenses) 

Trees 

Injuring .  2  149 

Hitching  to  .  8  151 

Throwing  stones  .  14  144 

V. 

Vagrants 

Not  to  be  allowed  on  streets .  1  153 

Vehicles 

License  required  for .  27  132 

License  fees .  29  133 

w. 

V/ards  and  Ward  Boundaries 

Division  of  city  into  Wards .  1  228 

First  ward . .  2  228 

Second  ward .  3  228 

Third  ward .  4  228 

Fourth  ward . 3  228 


GENERAL  INDEX. 


293 


Warrants  Section  Page 

City  clerk  to  draw .  7  52 

City  clerk  to  keep  list  of .  12  53 

City  treasurer  to  keep  register  of .  3  59 

To  be  returned  to  clerk  by  treasurer .  8  60 

For  collection  sidewalk  tax .  8  203 

In  special  assessment .  17  2ll 

Water 

Application .  1  229 

Water  rents,  when  paid .  2  230 

Consumers  to  keep  pipes  in  order .  3  230 

Fraudulent  representation — penalty .  4  230 

Consumers  not  to  supply  others — penalty .  5  230 

To  permit  committee  to  examine,  etc.  . .  6  230 

No  alterations  without  permit — penalty .  7  230 

Notice  tO'discontinue — when .  8  231 

Water  taken  from  mains .  9  231 

Water  not  to  be  left  running-  without  permit .  10  231 

Interfering  with  hydrants— penalty .  11  231 

Right  to  shut  off  water — when .  12  231 

Committee  to  enforce  rules .  13  231 

Sprinkling  season .  14  232 

Water  rates .  15  h  232 

Y. 

Year 

Municipal .  16  45 

Fiscal .  17  45 


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